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US legislators vent ‘disgust’ at SA’s genocide charge against Israel

A bipartisan group of 210 members of the US Congress has expressed their "disgust" at South Africa's decision to bring genocide charges against Israel at the International Court of Justice, with legislators urging US Secretary of State Antony Blinken to denounce the "grossly unfounded case" against Israel, accusing it of genocide and asking for an immediate halt to its military efforts in Gaza.
US legislators vent ‘disgust’ at SA’s genocide charge against Israel Illustrative image | Antony Blinken, US secretary of state; Ronald Lamola (C), Minister of Justice of South Africa, speaks to the press before the International Court of Justice (ICJ) after the first day of the hearing of the genocide case against Israel, in The Hague 11 January 2024. (Photos: Tierney L Cross/Bloomberg | EPA-EFE/Remko de Waal)

Two hundred and ten members of the US Congress from both parties have expressed “disgust” at South Africa bringing genocide charges against Israel at the International Court of Justice (IJC). 

The legislators of the 435-member lower House of Representatives signed a letter to US Secretary of State Antony Blinken on Thursday urging him to denounce what they call SA’s “grossly unfounded case against Israel …, accusing Israel of genocide and asking the court to order Israel to immediately halt its military efforts in Gaza”.

The letter could be the first salvo in a blowback in the US against SA accusing Israel of genocide at the ICJ. South Africa’s ambassador to the US Ndumiso Ntshinga was summoned to a meeting of a House committee discussing the case this week, Daily Maverick was told.

The ICJ judges are expected to deliver their ruling on Friday at 1pm on South Africa’s request for Israel to be ordered to take provision measures — mainly an immediate ceasefire in its deadly attack on Gaza which has reportedly killed over 25,000 Palestinians in nearly four months of intense warfare by Israel against Hamas. This is in retaliation against an attack by Hamas on Israel on 7 October last year in which it killed some 1,200 people mostly civilians and took 240 hostage. 

Read more in Daily Maverick: Middle East crisis news hub

The court is likely to take much longer, possibly years, to make a final determination on whether or not Israel has violated the 1948 Genocide Convention through its bombardment and ground assault on Gaza. 

South Africa’s genocide case against Israel is souring relations with the US in a year when the US Congress will be voting on whether or not to renew the Africa Growth and Opportunity Act (Agoa) and when influential Democrat Senator Chris Coons has asked for South Africa’s continued participation to be reviewed.

South African delegation members John Dugard, Tembeka Ngcukaitobi and Adila Hassimon prepare for hearings of Israel's point of view as South Africa has requested the International Court of Justice to indicate measures concerning alleged violations of human rights by Israel in the Gaza Strip on 12 January 2024 in The Hague, Netherlands. (Photo: Michel Porro/Getty Images)
South African delegation members John Dugard, Tembeka Ngcukaitobi and Adila Hassimon prepare for hearings of Israel's point of view as South Africa has requested the International Court of Justice to indicate measures concerning alleged violations of human rights by Israel in the Gaza Strip on 12 January 2024 in The Hague, Netherlands. (Photo: Michel Porro/Getty Images)

‘Disgust at this filing’

The letter sent to Blinken was initiated by Representative Chris Smith, a Republican and member of a conservative, evangelical caucus in the House.  146 of the 210 Representatives who signed the letter are Republicans and 64 are Democrats. 

“We write to you to express our disgust at this filing, which perpetrates false and dangerous allegations against the Jewish state,” the letter reads.

“We share the administration’s position that Israel has the right to defend itself against Hamas terror and appreciate the strong statement of National Security Council spokesman John Kirby that the South African application is ‘meritless, counterproductive, and completely without any basis in fact whatsoever’.

“South Africa’s accusation of genocide against Israel exposes how far Israel’s enemies will go in their attempts to demonise the Jewish state. While barely acknowledging the Hamas terrorists who gleefully massacred, mutilated, raped, and kidnapped innocent civilians on October 7, South Africa makes grossly unfounded and defamatory charges against Israel on the world stage, abusing the judicial process in order to delegitimise the democratic State of Israel. 

“Charging the Jewish state with genocide for defending itself against Hamas terror is particularly cynical given that the term ‘genocide’ was coined following the murder of six million Jews in the Holocaust. 

Israeli legal counsellor Tal Becker looks down and South African Justice Minister Ronald Lamola sits in the foreground on 11 January 2024 in The Hague, Netherlands. (Photo: Michel Porro/Getty Images)
Israeli legal counsellor Tal Becker looks down and South African Justice Minister Ronald Lamola sits in the foreground on 11 January 2024 in The Hague, Netherlands. (Photo: Michel Porro/Getty Images)

“We vigorously denounce South Africa’s deeply hostile stance towards Israel and thoroughly reject its charge of genocide. We urge you to continue to do the same, to offer Israel all appropriate support in opposing the South African application to the ICJ, and to encourage our allies to join us in speaking out against this unfounded attack on Israel, particularly at the United Nations and in other intergovernmental organisations.”

Among the 210 who signed the letter are Republican Michael T McCaul chairperson of the House of Representatives Foreign Affairs Committee.

Emma Powell, Democratic Alliance spokesperson on international relations said “While it is not for the DA to judge the merits of the matter before the ICJ, the fact is that the ANC-led government has consistently ignored gross human rights violations in our own backyard. 

“The ANC continues to turn a blind eye to the bloodbath unfolding in Sudan; to the atrocities committed by the Museveni regime in Uganda; and to the collapse of Zimbabwe under Zanu-PF's reign of terror that has turned the bread basket of Africa into a begging bowl, with significant domestic consequences for South Africa.

Read more in Daily Maverick: Ghaleb Cachalia quits DA over Gaza, spits fire at wider party issues

“The ANC continues to ignore the plight of the Uyghurs in China, while it’s business as usual with the Russian Kremlin, despite the mounting death toll in Ukraine. The oppression of women and girls in Iran and Afghanistan — along with thousands of extra-judicial political executions in those countries — are but an afterthought for our leaders. 

“It is therefore reasonable to expect that the ICJ matter would evoke complex reactions from our international partners given the ANCs track record.” DM

Comments (10)

Louis Potgieter Jan 24, 2024, 04:07 PM

A few principles have become evident over the past few months: 1/ If Israel is committing genocide, there is no excuse possible in international law. 2/ As the occupier in Palestine, Israel has no right to hit back at reactions to its actions. 3/ Israel, the US and SA are all signatories to the anti-genocide convention, which is intended to put a speedy stop to a genocide in the making. Parties suspecting genocide are obligated to report it. 4/ The reporting horse has bolted, and it is for the ICJ now to decide. 5/ Here the ANC is the victim of whataboutism, which is hardly a good way of reasoning. 6/ The US Jewish lobby is very strong, and can cost lawmakers their careers by using the power of donations. Given point 4, the denunciation is a gesture aimed at the lobby.

Gretha Erasmus Jan 24, 2024, 09:21 PM

If we had contested all there genocides in the word at the ICJ, and in particular the ones happening in Africa, instead of sitting very chummy with one of the worst perpetrators of recent genocide a week prior to the case (Sudan, over 600 000 killed), then maybe maybe the entire world would not be calling SA out for its hypocrisy. It would have been far beeter if the ICJ case was actually brought by a country not so obviously in the pockets of Russia and Iran. 5hen maybe the world would have taken more notice, Eg if Ireland made the case or Belgium. But as it is, the only consequence of this case was to make SA even a more pariah state in bed with Russia and Iran and cause disinvestment to the count of 1 trillion dollars. That's a lot of jobs, a lot of social grants, a lot of health care and education.

Middle aged Mike Jan 25, 2024, 08:36 AM

Hear bloody hear. The future impoverishment of hundreds of thousands of currently employed south africans is not a worthwhile price to pay for a moral victory that relates to an issue in a far flung foreign country. We are not in a morality play and the people that brought this action will not be the ones to carry the costs of it's very real consequences.

Steve Davidson Jan 25, 2024, 06:16 AM

Excellently said. Thanks.

Ben Harper Jan 25, 2024, 11:17 AM

Wrong on all points. Israel have the right to retaliate and protect it's sovereign state and people. If genocide were the intent, it would all have been over 3 months ago already

drmamoosa Jan 24, 2024, 05:23 PM

SA should continue to stand for justice - we are not beggars and cannot be bought - SA should turn to the east - the west still continue with their imperialist attitudes - they steal the resources and then claim to help the very nations they stole from - The fact is that there are other injustices in the world - but this shouldnt distract from the atrocities Israel commits at a scale never witnessed before - and also in open view on the world stage - yet there are some that are still debating the obvious

Middle aged Mike Jan 25, 2024, 09:18 AM

I beg to differ with your assertion that we aren't beggars and can’t be bought. We are beggars who are the serial recipient of alms from the western powers and our inspirational president rarely misses the opportunity to use an international platform to guilt trip his audience into giving us more free stuff. We can and have been bought a number of times. Remember that not too long ago our seat of government was in a family compound in Saxonwold and that the ANC's finances just took a very large and inexplicable turn for the better just as we dropped our application at the ICJ. There are other examples of spikes in ANC funding that are very hard to find a legitimate explanation for unless you are a very true believer. Weirdly some find Chinese imperialism much more palatable than all the other flavours that have preceded it. Equally weird is how Russian territorial expansionism tastes so much better to some than the previous flavours. Us humans are a funny and unpredictable bunch when it comes to what we’ll swallow.

Ben Harper Jan 25, 2024, 11:24 AM

Hahahaha what drivel. "atrocities never witnessed before"? Really" What about the 600,000 murdered in Sudan, the architect of which was lauded and protected by the anc. What about the 70,000 Ukranians killed by Putin also a good mate of the anc? Talk about ignorance!

Johan Buys Jan 24, 2024, 05:34 PM

Sigh! People on both sides of this fence don’t seem to distinguish between being critical of the minority coalition Israeli government’s actions and statements versus antisemitism. You can be anti government and pro Jewish : many Jews in Israel are!

Bennie Morani Jan 25, 2024, 10:56 AM

Johan, I think your argument is much too subtle for many of the people posting replies!!

Barrie Lewis Jan 24, 2024, 06:21 PM

Let's add the oppression of women and girls in South Africa to the debate, and the refusal of the ANC to take action against those who terrorise women and children. This they should have attended to first; mere pots calling the kettles black, to distract from the human rights issues right here in SA.

Barrie Lewis Jan 24, 2024, 06:28 PM

It's not for South Africans to decide, or even comment on whether the US should renew AGOA this year, but either way, it would be useful to make that decision before the elections this year.

Pagani Paganini Jan 25, 2024, 12:02 AM

I cannot help but observe that the writer only managed to get comment from DA spokesperson and none from the South African government, the governing party and other political parties. Why is that the case Mr. Fabricius? Asking for a friend.

Eus de Clerk Jan 25, 2024, 05:54 AM

The first casualty of war is always The Truth. At the heart of all wars Religion always lurks in the background.

Steve Davidson Jan 25, 2024, 06:14 AM

“We write to you to express our disgust at this filing, which perpetrates false and dangerous allegations against the Jewish state,” which totally negates their constant harping on about how well their Arabs are treated. And the word genocide was created by a Pole to describe how his people were treated by the Nazis, and had nothing to do with the Jewish Holocaust. Check it up on Wikipedia before lying once again.

dexmoodley@gmail.com Jan 25, 2024, 04:52 PM

it has to do with Holocaust , was coined by Polish Jewish lawyer Raphael Lemkin . and instead of wikipedia ( always double check wikipedia ) check US Holocaust Memorial Museum .

rkeenemail Jan 25, 2024, 08:34 AM

The ANC’s party political views and actions are theirs, and not South Africa’s.

Jan Vos Jan 25, 2024, 08:02 PM

Nothing...