South Africa's recent submission to the International Court of Justice on October 28, 2024, presenting its memorial containing further evidence of alleged genocidal crimes by Israel against Palestinians in Gaza has been welcomed by pro-Palestine groups. Still, many are urging Pretoria to take direct action and end all trade with Israel.
"The filing of this memorial takes place at a time when Israel is intensifying its killing of civilians in Gaza and now seems intent on following a similar path of destruction in Lebanon," said President Cyril Ramaphosa's spokesperson, Vincent Magwenya, in a statement on October 28, 2024.
"In accordance with the Rules of Court, the memorial may not be made public...The memorial contains evidence showing how the government of Israel has violated the Genocide Convention by promoting the destruction of Palestinians living in Gaza, physically killing them with an assortment of destructive weapons, depriving them of access to humanitarian assistance, creating conditions of life aimed at their physical destruction, ignoring and defying several provisional measures of the ICJ, and using starvation as a weapon of war to further its aims of depopulating Gaza through mass death and forced displacement," it added.
The court will now review the extensive dossier submitted by South Africa, which follows its case filed in late 2023 aiming to prove that Israel's actions against Palestinians constitute genocide. The memorial submitted by South Africa contains over 750 pages of meticulously detailed text, supported by more than 4,000 pages of exhibits and annexes. However, the court may take years before it renders its judgment.
In January, the ICJ issued a ruling declaring there is a plausible risk of Israeli genocide in Gaza, followed by a ruling in May ordering Israel to refrain from invading Rafah. Israel ignored both rulings.
"The memorial containing the evidence that South Africa submitted to the court has not been made public, so we do not know the details of the evidence," said Dr. Michelle Brotherton, a law lecturer at Rhodes University in South Africa.
"It is likely that South Africa would have set out how the actions of Israel amount to genocide according to the definitions and criteria provided for in international law, such as the Rome Statute and the Convention on the Prevention and Punishment of the Crime of Genocide".
Dr. Brotherton emphasized that there have been multiple instances where countries have successfully litigated against others before the ICJ.
"If the ICJ finds Israel guilty, it should make an order demanding they cease all activities, followed by an order of prevention, penalties, and compensation for the harm caused. Without knowing the details of accomplices, it is difficult to predict how far-reaching the court's judgment might be," he added.
Dr. Brotherton expressed doubt that such a case would simply be dismissed, resulting in Israel and its allies emerging victorious. "It is unsettling to think that a case like this might fail, but I doubt the lawyers would bring such a case if they were not confident in proving that Israel's actions amount to genocide. Even if it does fail, the attention it brings to international law should at least spark action in the global community. It should also lead us to question how we define genocide if this is not found to meet the criteria."
Regarding South Africa's diplomatic relations with Israel, Dr. Brotherton said, "Accusing another country of such horrific crimes and seeking justice will not likely lead to peaceful diplomatic relations. I think South Africa weighed this aspect before taking action. A bigger question is, 'On what side of history do we want to be?' When the world looks back at what is happening now, it will matter more who fought against these atrocities than whether we were friends with Israel."
The Palestine Solidarity Alliance (PSA) Youth League welcomed South Africa's move, calling the filing a significant milestone in the fight for Palestinian rights and a crucial step in building international solidarity for the Palestinian cause.
"This monumental submission marks a significant milestone in the pursuit of justice for the Palestinian people," the PSA Youth League said in a statement.
"We are encouraged by International Relations and Cooperation Minister Ronald Lamola's recent statement, emphasizing that the memorial contains extensive evidence presented in 'forensic detail' to demonstrate that 'this is not just a plausible case of genocide, but indeed it is genocide.'"
The PSA Youth League also acknowledged the complexity of the road ahead, noting that ICJ cases of this nature can take years to conclude.
"However, we are hopeful that this process will hold apartheid Israel and its complicit allies accountable for committing genocide and drive the process for a free Palestine."
'South Africa Should Emulate Colombia'
Renowned Johannesburg-based writer Suraya Dadoo called on South Africa to follow its ICJ action by serious steps to stop trading with Israel, specifically highlighting coal exports.
"South Africa's ICJ case against Israel and its consistent diplomatic support for Palestine are deeply valued by Palestinians. However, this does not absolve South Africa of its complicity in literally fueling Israel's genocide and occupation of Palestinians," she said.
Dadoo added, "South Africa vs. Israel is a courageous jurisprudential effort to hold Israel accountable. It is also a rare instance of an African state using the highest global court to access international law against a state that sees itself as part of the Global North. However, while the South African government wages lawfare against Israeli genocide at The Hague, it also stands accused of fueling the Israeli war machine that has already killed over 40,000 Palestinians."
Between October 2023 and October 2024, South Africa exported over a million tonnes of coal to Israel. According to Dadoo, this makes South Africa Israel's main coal supplier, after Colombian President Gustavo Petro banned coal exports to Israel in August.
Dadoo said Israel's coal imports are used to power its centralized electricity grid, which provides energy to illegal and expanding settlements in the Occupied Palestinian Territories as well as military infrastructure.
She urged South Africa to follow Colombia's example by halting trade with Israel and eventually severing diplomatic ties. "Colombia was the largest coal exporter to Israel, accounting for more than 60% of Israel's coal last year. In May, Colombia broke diplomatic relations with Israel. Three months later, President Gustavo Petro ended coal exports. South Africa should be emulating Colombia."
Dadoo said the pressure to boycott Israel was growing worldwide and that what happened to Russia after it annexed Ukraine should also happen to Israel. "As the world showed with Russia, boycott, divestment, and sanctions are appropriate responses to belligerent regimes and violators of international law. Boycotting an occupier is neither complicated nor controversial—if there is real political will," she said.