ICJ ruling ‘boosts SA’s standing’
The International Court of Justice (ICJ) ruling on Gaza has improved South Africa’s credibility on the world stage, say legal academics.
Prof Bonita Meyersfeld, associate professor of law at Wits University, said the decision would have a positive impact on South Africa’s standing internationally.
“I do think that there is a very obvious tension [between South Africa and the US]. But what has also happened is that South Africa’s relations with the rest of Africa have become stronger. Prior to the judgment, the US had been very critical of South Africa’s application to the ICJ.
“It has indicated that there will be some alienation between the states. How it will react now, following the judgment, will be in my opinion a question of internal political jostling. From the perspective of international law, it is hoped that the US will respect South Africa’s lawful utilisation of international instruments and institutions,” Meyersfeld said.
Prof Magnus Killander, professor of human rights law at the University of Pretoria, said: “From the perspective of the global south, I guess it [the judgment] strengthens South Africa to some extent.”
He does not believe that there will be negative consequences for relations between South Africa and the US.
“Obviously, the Biden administration has been in support of Israel, but there are many on the Democrat side who would agree with the type of remedial actions that have been issued by the court. But it would be different on the Republican side,” Killander said.
The South African BDS Coalition, a network of Palestine solidarity organisations, said it welcomed the ICJ order, which it believed amplified the call for a ceasefire in Gaza.
Coalition secretary Roshan Dadoo said the organisation wanted South Africa to cut trade ties with Israel.
“We demand that our government implement policies for a full trade embargo; sports, cultural and academic boycotts; and sanctions. Apartheid Israel must also be kicked out of the Olympics, Fifa and all international sporting bodies,” Dadoo said.
The South African Jewish Board of Deputies welcomed the ICJ’s “recognition of Israel’s right to defend its citizens by denying the ANC government’s request for a ceasefire”.
“The court’s call for the hostages to be freed is a fundamental requirement for the end of the conflict. It is regrettable that the South African government did not put pressure on Hamas to release the hostages from the outset, which would have averted such terrible loss of life,” said the board’s national chair, Prof Karen Milner.
“We are saddened by our government not playing a more constructive role in engaging both sides, as they have in every other conflict, to help to bring an actual end to this war.”
The US Embassy’s deputy spokesperson, Samidha Redkar, said the US recognised the role played by the ICJ in the peaceful settlement of disputes.
“We have consistently made clear that Israel must take all possible steps to minimise civilian harm, increase the flow of humanitarian assistance and address dehumanising rhetoric,” Redkar said.
“The court’s ruling is also consistent with our view that Israel has the right to take action to ensure the terrorist attacks of October 7 cannot be repeated, in accordance with international law.
“We continue to believe that allegations of genocide are unfounded and note the court did not make a finding about genocide or call for a ceasefire in its ruling and that it called for the unconditional, immediate release of all hostages being held by Hamas. We will continue to monitor this proceeding as it moves forward.”