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

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)

A letter to US Secretary of State urges denouncement of SA’s ‘grossly unfounded case’ and accuses nation of attempting to delegitimise Israel.

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.

Israel, genocide

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

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

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  • Bennie Morani says:

    The primary issue is not South Africa’s erratic and sometimes crass foreign policy. The real issue is the merits of the case against the horrendous Israeli massacres of civilians in Gaza. The US politicians, many of whom are Trump supporters, and most of whom are elected with the help of highly dubious donors, are by no means a measure of rightfulness of the cause argued in the court.

    • Middle aged Mike says:

      Nope, the primary issue is that the ANC are playing fast and loose with 10s of thousands of jobs. Whatever you think about what is happening in Gaza you can surely not be blind to the fact that we can’t afford to lose any more jobs to their diversionary stunt than we have already to their thievery and incompetence.

      • Gretha Erasmus says:

        Too true.
        The ANC cares about Russia and Iran, and then by some extent Hamas as a vassal of Iran. But who they definitely do not care about are SOUTH AFRICANS and the starvation in the Eastern Cape, the 31% unemployment rate in those who still bother to look for work, the sheer destruction of 5he quality of life of ordinary South Africans by its inconsistent foreign policy. And for what? to emulate the lived lives of Russian and Iran citizens? Yes their tiny tiny political elite have good lives, but that number is even smaller than the ANC’s.

      • dylan smith says:

        Dont forget the grant to maintain our aids program, the only thing that makes sense here is the anc is making money from this charade

        • PJ T says:

          Consider that way more Israelis would have been killed than Gazans if the tens of thousands of rockets fired by Hamas had landed. Fortunately Israel cares about its civilians and has the Iron Dome. Hamas sacrifices its civilians for political expediency, using its tunnels to protect weapons and soldiers, and civilians to protect the tunnels.

      • Steve Davidson says:

        So you actually believe it’s OK to compare the murder tens of thousands of people in retaliation for the murder of a thousand of yours with the loss of a bit of money for your business? How crass, but understandable.

        • Ben Harper says:

          SO given that in WW2, 3 to 4 Million German civilians died in the conflict and only about 70,000 British civilians died, the allies were wrong?

          • John P says:

            You are quoting selected figures here, what about those who died in the holocaust and civilians from countries other than just the two mentioned?

        • Middle aged Mike says:

          Where do you see me saying I ‘believe’ any of that twaddle Steve? I’m concerned for the fates of the 10s of thousands of south africans who stand to lose their jobs if arrangements like AGOA are pulled. I envy you if that isn’t something you find concerning.

    • Geoff Coles says:

      With due respect Bennie, you have missed the point. You cannot assume at all the politicians are Trump supporters, all would have been elected while Trump was out of Office. As for donors do you have any facts whatsoever….thought not!

  • Gregory Heale says:

    Not to mention – or ever forget – the ongoing systematic murder (genocide ?) of many hundreds or thousands of farmers on their lands in our own backyard. Why are we so quiet ?

    • Max Ulf says:

      Definitely agreed. What is happening is just a distraction for what is really happening in our own country…
      Not to forget another excuse for lavish banquets and 5 star hotels on tax payers expenses!

    • Easy Does It says:

      Looking after the minority. More people are killed in the townships in a day than farmers in a year. That is not the debate. What next, farmers provide for and are more important.

  • Michael Thomlinson says:

    The ANC are well aware that their policies are endangering the AGOA agreement and jeopordizing our exports to Europe and the USA while endangering the lives of millions of South Africans if the overseas markets dry up. This is also not to say that big corporates anchored in the west would not think about pulling out of SA (VW has already voiced it’s displeasure at what the ANC is getting up to) with dire consequences for local small businesse and the economy. Of course the ANC don’t give a toffie about all this just so long as the comrades can hold onto power and keep feeding at the trough. Shame on them.

    • Random Comment says:

      Great analysis of the real issues at hand, thank you.

      The economy (and jobs) should be our No 1 priority at all times.

      • Kanu Sukha says:

        Maybe some of you forget the regular massacre of hundreds of innocent American civilians (especially children) at the hands of homegrown ‘terrorists’ (mostly Caucasian) … hell bent on their constitutional ‘right’ to own weapons of mass destruction ! Talk of the pot calling the kettle black !

    • Patricia Beukes says:

      Agreed, it’s never about the country or the people with the ANC it’s all about their own bursting back pockets!!

    • Easy Does It says:

      AGOA is of mutual benefit and not done for love. Neither is this the 1st threat. If each person raises an issue important to them then we end up with no starting point – GBV, murder, agoaa, electricity, unemployment, education, water SAASSAA……… . The discussion remains pro ICJ or not? Maybe there is an anc virus, you bout electricity sand they talk aa out SASSA grants. I used to tell my 10 year old “ Focus”

      • Ben Harper says:

        Pray tell how AGOA is of “mutual Benefit” African countries get far more out of AGOA than the US does.

      • Middle aged Mike says:

        “AGOA is of mutual benefit and not done for love.”

        There is unidirectional benefit and it’s done out of pity. The US foregoes substantial import duty revenue to make the otherwise uncompetitive exports of basket casey countries like ours saleable in the US.

  • Kenneth FAKUDE says:

    Hypocrites, they can go hang for all we care.
    It’s their bombs maiming and killing children, if they are innocent why the disgust.

  • Lynda Tyrer says:

    Anc is too cocky for its own good, they will lose more imports and exports with their childish behaviour. But jump up and down over a small export of chicken feet to China, they will need a lot more than this one to cover massive losses coming.

  • David Walker says:

    I suppose we should congratulate the ANC for the unlikely achievement of forging unity between the US Democrats and Republicans, even if only because of their mutual disgust at our actions. Somehow though, I don’t think this is going to help the millions of unemployed and destitute South Africans. But at least it gave ANC politicians the opportunity to strut pompously on the international stage.

    • Geoff Coles says:

      Strutting, as with Mussolini or Putin.

    • Lisbeth Scalabrini says:

      “But at least it gave ANC politicians the opportunity to strut pompously on the international stage.”

      I am afraid that the above is what it’s all about. Why else do a thing like that, which risks the continuation of the AGOA agreement? Megalomania?

    • Steve Davidson says:

      And the rest of us non-zionists just have mutual disgust at the murder of innocent women and children in retaliation for the murder of innocent women and children.

      • Ben Harper says:

        Ah but your racist, ant-Semitic and homophobic posts, slurs and retorts are OK? The door to your supremacist cupboard becomes ever more ajar each day

  • brianwilfred says:

    Hallelujah!!!

    I am very glad people are actually talking. It is indeed difficult to wrap one’s head around the skyrocketing pace of what is going on in South Africa.

    Instead of fixing corruption, load-shedding, high cost of leaving, we are busy crossing the oceans to make grossly unfounded genocide cases.

    Is South Africa heading to doom when we start fighting Israel BOLDLY? I am still waiting to hear that South Africa took Russia to the International Criminal Court for violations and genocides in Ukraine.

    • Kanu Sukha says:

      Of course legal geniuses like you would know what is ‘unfounded’ and not ! I can suggest that you read the views of some real legal scholars, who have not swallowed hook, line and sinker … the bravado of the greatest ‘terrorist’ state in the world (Prof Chomsky) … called the USA.

      • Jeff Robinson says:

        Thank you for this post. Israel’s response to the October attack by Hamas is so obviously and discracefully disproportional. I would call it ‘genocidal’ as it certainly has the appearance of a deliberate attempt to erase a population on the basis of its ethnicity and/or religion. But if Israel definitely had genocide in mind, it could have accomplished it in a matter of days. I am totally for the liberation of Palestine, but COMPLETELY abhor any action taken in the name of jihad. What chills me deeply is how often I hear child victims being calle ‘martyrs’ as if they willingly accepted death or horrible injury. May I ask you this: If you somehow had influence with the Hamas upper echelon, would you ask them to surrender? Please let us not ignore the role of religious delusion on both sides in this war – children of Abraham killing children of Abraham. The evolution of our species still has a long way to go.

  • Middle aged Mike says:

    Hopefully all the people who lose their jobs if AGOA gets pulled will be comforted by the fact they are on the ‘right side of history’.

    • Kanu Sukha says:

      Why wouldn’t they ? Remember “the arc of the moral universe is long, but it bends towards justice.”

      • Middle aged Mike says:

        Serious question? Assuming it really was I’ll take a stab. They may be too preoccupied with problems at the the bottom of maslow’s hierarchy to be able to take much comfort from the great moral victory won at their expense by the glorious liberation movement.

  • Vusi Dladla says:

    US Congress and the Administration are complicit. They have reacted as expected.

    • Enver Klein says:

      The vast majority are Zionists and/or funded by Zionists, they’ll vote in favour of Israel even when they know Israel is wrong. As per Bibi, we own America, we own the Senate, we own Congress … As per the Torah Judaism Group, the Zionist State does not represent Jews or Judaism but their own agendas.

    • Kanu Sukha says:

      An apt summary … they have blood on their hands … and have conveniently forgotten their genocide of the indigenous American people. And … their have the audacity to sing in their anthem … the land of the free and the brave ! … nogal … after wiping them out. With the remnants located on ‘homelands’ to live in. The hubris never ends.

  • Tim Bester says:

    I am very glad that the DA (and the US house of representatives) have spoken out loud against the SACP/anc hypocrisy.

    • Bill Gild says:

      It’s worse than hypocrisy – it’s a failing government cozying up to murderous regimes (Iran, Russia, China, and more) in an attempt to obtain geopolitical relevance while a majority of its citizens languish in poverty.
      A pox on the ANC and the SACP.

  • Trenton Carr says:

    The ANC don’t want to listen, now they will feel.

  • Random Comment says:

    We should all hope that selling of South Africa’s “ethical” foreign policy to Iran, in order to pay the debts of the (morally and fiscally) bankrupt ANC, does not lead to the punishment of South Africans for generations to come.

    To paraphrase Aesop, “a country is known by the company it keeps”

    • Kanu Sukha says:

      Is that why our apartheid regime kept the company of pseudo democracies like Israel and the untouchable US, where apparently elections get ‘stolen’ … and millions upon millions , including some who supported this daft letter, believe it ?

      • Middle aged Mike says:

        When you find yourself needing to justify the actions of the anc by comparing them to the nats you have arrived . . . . at an awkward place where principle isn’t to be found.

  • Geoff Coles says:

    American politicians are venting their opinions, quite correctly, of Ramaphosa, Lamola, Pandor posturing against Israel for political reasons, maybe monetary too…. in their latest anti-West, anti-Jew stances…. Is it because of finances in Election Year, financial backing from the repugnant Iran and maybe Russia. Reportedly a massive ANC overdraft 2 months ago has left them now with ample funding.

  • Robert Pegg says:

    Not saying who is right or wrong with this conflict, but America shouldn’t dictate other countries policies. They are hardly Angels of virtue when you consider their involvement in Vietnam, Iraq, Afghanistan and countless other regimes they didn’t agree with. If you add up the innocent people they have killed to “save the world” it must run into millions.

    • Kanu Sukha says:

      “maybe” is a big word to use. I thought you had proof … not the kind Donald Trump has, about the previous election being ‘stolen’…. with millions believing it !

    • Kanu Sukha says:

      Pertinent observation … BUT it doesn’t matter … especially to those whose minds have been ‘occupied’ by American/western propaganda of how ‘great’ it is or they are !

  • Penny Philip says:

    ‘Attempts to legitimize Israel’ ?? Bit dramatic…..don’t recall that being a part of SA’s case. Also the objection of use of the term ‘genocide’? This isn’t a term the Jews have sole rights to (Armenia, Bosnia & Rwanda alone would dispute that). With the US being the world’s largest exports of arms , I’m not surprised they have no real interest in peace in the Middle East.

  • Michael Crockett says:

    Ja, I understand the many points to this issue, and I am no supporter of the ANC and their own inconsistencies, but the fact is the bombing and blasting of so many innocent lives at this moment is a travesty perpetrated by an intense hatred many Jews have for Palestinians. While the Oct 7 massacre was horrendous, the oppression and humiliation that the Palestinians have had to face over the past 70 years is some mitigation for the eventual boiling over into the present madness.

  • Paul T says:

    The DA continues to disappoint on its lack of principle on this issue, rather fence-sitting and using it as opportunity to attack the ANC with whataboutism. We know that the ANC has been largely self-serving in their approach to international relations, but that doesn’t mean they are wrong on this issue. This is a great opportunity for SA to be on the right side of history, but the DA is not helping. I applaud the very skilled legal minds that represented SA in its case, and hope that they prevail on Friday. I am quite appalled at how easy it is to argue that SA must side with the US for fear of losing AGOA benefits. That is akin to throwing in with the playground bully against the victim in an effort of self-preservation, which is exceptionally cowardly.

  • Andre le Roux le Roux says:

    This article is a bit sensationalist what about the other half of the US congress what was their opinion on the SA case against Israel. I understand that this can affect our relationship and our AGOA standing but I really feel like this is ringing that bell far too early

    • Greeff Kotzé says:

      Exactly. I immediately noticed that, if this had been put to a vote, it would not even have passed the House, despite the House currently having a Republican majority. Most people really have difficulty reading for context, don’t they?

      The Representatives involved probably knew they didn’t have the numbers, which is why they opted for a letter instead of a House resolution. Which makes this dramatic letter a bit of a storm in a teacup — its US domestic politics fodder for Xwitter and lip service to donors, rather than serious international engagement.

  • Louis Potgieter says:

    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 says:

      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 says:

        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 says:

      Excellently said. Thanks.

    • Ben Harper says:

      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 says:

    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 says:

      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 says:

      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 says:

    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!

  • Barrie Lewis says:

    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 says:

    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 says:

    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 says:

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

  • Steve Davidson says:

    “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.

    • dexter m says:

      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 .

  • Bob Kuhn says:

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

  • Jan Vos says:

    Nothing…

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