Beginning in October of 2023, conflict reignited between the Israeli government and the armed group known as Hamas in the region of the Gaza Strip. After a provocative attack across the border by Hamas, Israel declared all-out war against its enemy in Gaza and over the past couple of months, thousands of civilians have been killed by Israeli bombardment. Much of Gaza’s infrastructure has been reduced to rubble which has resulted in food insecurity, separation of families and millions without shelter in Gaza. Much of the globe was justifiably horrified by the destruction. In the wake of this carnage, the Republic of South Africa brought about charges of genocide against Israel on Dec. 29, 2023.
Officially known as the Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel), South Africa’s case argues that Israel is violating the Geneva Convention by perpetuating a “75-year Apartheid Regime, 56-year occupation and 16-year blockade of the Strip.” Israel has countered that South Africa is functioning as the “legal branch of Hamas,” a designated terrorist group by their government. However, there are ulterior motives at play beyond humanitarian efforts by South Africa. Despite the outward perception of strictly humanitarian reasons, the South African government and the ruling African National Congress party (ANC) are acting hypocritically by using the case for their own ends.
This does not diminish the need for this case to be presented before the world, yet the wrong motivations can also be present as well. Firstly, I am fully in support of South Africa bringing this case to the International Court of Justice. Innocent people are dying every day and this must not be allowed to continue. Secondly, I am not condemning the lawyers and activists involved with the case as I believe they are doing this from a place of good. Yet, this case is not what it appears and I condemn the deceitful intentions that linger under the surface.
I am very familiar with South Africa which makes me the right person to address these issues. While I was born in a hospital outside of Portland, OR, much of my life was spent abroad. I grew up in what I love to call my home, the Rainbow Nation, a popular nickname for South Africa. From kindergarten to my high school graduation, I called this special place my home: A nation that turned its back on a racially divided society in favor of equality and love of neighbors.
Much of the foundation of the Rainbow Nation that I grew to love came from its first President. Nelson “Madiba” Mandela. Mandela believed in justice for all people, genuinely advocating for the voiceless as opposed to his successors who utilized the same causes for their own political gain. Those who claim to follow Mandela’s example utilize justice as a tool to gain supporters both locally and abroad.
South Africa signed the Rome Statute of the International Criminal Court (different from the ICJ) which seeks to prosecute crimes such as genocide in nations across the globe. It is the responsibility of those nations who signed the statute to turn over criminals who are accused of atrocities. Has South Africa done that? No.
In 2015, the dictator of Sudan Omar al-Bashir visited South Africa while a warrant for his arrest was active. Bashir was accused of seven counts of war crimes and three counts of genocide. Yet al-Bashir was allowed to leave without reprimand. South Africa even threatened to leave the Rome Accords when they were accused of failing to act.
Want something more recent? How about a state visit by the Russian dictator Vladamir Putin in 2023, who is wanted for the unlawful deportation of children during the War in Ukraine. South African President Cyril Ramaphosa stated that the country might withdraw from the ICC to accommodate Putin. They didn’t, and they faced no repercussions for disobeying the court. I doubt “Madiba” would recognize or be proud of his country’s leaders’ decisions.
So why are they now getting involved with Gaza?
There are two reasons. Firstly, Israel is not wrong that South Africa is acting as the “legal arm” of another party. It’s just not Hamas, it’s Russia. South African and Russian ties have only strengthened over the past decade, with the U.S. even accusing South Africa of supplying arms and weapons to Putin. South Africa is dependent on Russian trade for alternative energy and political legitimacy. Destabilizing Israel, a significant U.S. ally, is in Russian interest.
Secondly, and most likely the main motivator, is the use of the word Apartheid in this conflict. The ruling ANC party has taken up the moniker of the party that ended Apartheid, a government-endorsed system of segregation. Despite the claim of enforcing justice, South Africa has one of the highest numbers of cases of violence against women in the world. Education numbers are dropping, unemployment is increasing and the electrical grid is so poorly run that power must be rationed with planned power cuts. A distraction of anti-Apartheid advocacy during an election year might give the ANC a much-needed boost.
What inspired this article was the amount of media attention this court case got. The praise without looking deeper disturbed me. My nation’s government has been failing in its duty to fight for the same principles Mandela advocated for at its founding. My encouragement is to always look deeper rather than the surface when it comes to political actions. My frustrations could be summed up in one phrase: “Where the hell have you been? It’s been about damn time!”