Tunisia will not endorse legal actions in ICJ genocide case to avoid 'implicit recognition' of Israel

Tunis does not endorse any legal action taken against Israel before the International Court of Justice (ICJ), considering it as implicit recognition of the 'occupying entity', said Tunisia's foreign ministry late Wednesday, 10 January. 

The announcement came a few hours before South Africa's case against Israel at the ICJ started. 

Tunisia's foreign ministry said the decision was taken upon President Kais Saied's order. 

However, Saied has authorised the ministry to submit a request for Tunisia's registration on the list of countries presenting arguments before the ICJ in February.

"This request is made within the framework of the advisory opinion sought by the United Nations General Assembly from the Court, addressing Israel's actions in the Gaza war," reads the ministry's press release.

The ministry's statement argues further that the country decided to join these hearings instead because "they extend beyond the legal qualification of the massacres in Gaza, addressing fundamental questions for the Palestinian people, such as their right to self-determination and the legal status of the occupation." 

However, several commentators on social media considered Saied's decision "a timidity vis-à-vis Israel." 

This is not the first time President Saied has faced such allegations. 

Last November, he interrupted a vote on a law criminalising normalisation with Israel in Tunisia. "The proposed law endangers Tunisia's external security and interests," reads his message to the MPs. The vote was postponed to an undefined date. 

Facing the controversy, Saied argued that since he does not acknowledge the concept of normalisation, it would be counter-productive to discuss any law regarding it. 

Several recent reports have suggested a potential normalisation deal between Tel Aviv and Tunis as Israel endeavours to widen its influence in North Africa. 

However, President Kais Saied ruled out any chance of establishing diplomatic ties with Israel on multiple occasions. 

On 29 December, South Africa asked the ICJ for an urgent order declaring that Israel was in breach of its obligations under the 1948 Genocide Convention in its attacks on the besieged Palestinian territory.  

In its 84-page filing, South Africa says Israel is committing genocide by killing Palestinians in Gaza, causing them severe mental and bodily harm and by creating conditions on life "calculated to bring about their physical destruction". 

The two-day hearing starts today, Thursday, 11 January. 

So far, no country in the Maghreb has supported South Africa's case. 

Morocco, which continues to maintain ties with Israel, did not issue any official statement on the case. 

Meanwhile, Algeria's lack of support for the case was unexpected, considering its strong ties with South Africa and its long commitment to the Palestinian cause. Algies has yet to issue an official statement on its position.