No ceasefire, but SA wins substantive rights measures in the Gaza genocide case

I don't agree it is much of a "slam dunk" victory for SA. The court in my opinion has said very little - they say Israel must do all it can to prevent genocide and must provide humanitarian aid - both rather obvious statements. No ceasfire and no finding on whether genocide has been committed - this will follow at some later stage. To me the most important finding which is not mentioned in this report is that Hamas have to immediately release all hostages - it will be interesting to see if they do - very doubtful I think. So in a nutshell, no change in current situation really.

No slam dunk case. You must be on drugs or simply biased. For God’s sake, release the hostages and Ferrial Haffegee never mentions that. I can’t understand why other Islamic states never take Israel to the ICJ, so there must be something for our bankrupt government. All of a sudden, the financial woes of the ANC seems to be resolved, just after the ICJ case. Don’t treat us like fools. Now what about Russia, they ignored the ICJ ruling and what our saintly government is doing about that. Now don’t celebrate like as if the ANC are Human Rights experts. Fix our Water System, electricity , sewage, schools, housing, health care potholes and then concern yourself with Palestine.

The ANC needs to seek forgiveness.

And now for the case against Russia - I'm dreaming of course. But while 'our' legal team is on a roll ...

I don't understand why you, Ferial, and none of the South African comments on this judgement that I have read and heard include a reference to the Court having called on the armed groups to release the hostages they are still holding. For comment to be legitimate it must be balanced.

Will we move on to saving Ukrainians now? ?

Oh Feriel. I know you are trying to put on a brave face and pretend this is a big victory for South Africa, but it’s not. You know it’s not, your readers know it’s not and even the international mainstream media are not calling it that. The biggest thing SA wanted was a ruling that called for a ceasefire and they did not get it (thank goodness). All the rest is just chafe in the wind. Orders that Israel are ALREADY obeying. The war can continue and Hamas can be destroyed. It’s a hollow victory indeed.

I have read the judgement and find your interpretation of it rather parochial to say the least and does not reflect the weight in it. Saying the victory was a slam dunk EXCEPT for the cease fire order is disengenuous when that provision was the ANC central demand, necessary to assist Hamas, and saying SA didn’t expect to get it is patently untrue. Your headline is misleading (to be polite) and clearly designed to condition your readers for the narrative to follow. It says “The World Court orders that Israel stop killing and harming people in Gaza”, when in fact what it said was “Israel should take all measures to prevent killing etc ” , which is entirely different. It certainly is not tantemount to a cease fire order as our minister hopefully suggests. It is rather like a judge acquitting an accused murderer and adding “but don’t kill anyone in the future “. Similarly Israel is likely to say that the other orders are moot because they are doing them anyway. The ANC can claim victory and get a lift for a day or two ( like the RWC), the effect of the stunt will fade, the matter will be buried deeper than a Zuma trual, and SA will be left with its card well and truly marked.

The upshot of this issue is that any terrorist organization is given the green light to kill, rape and mutilate at will with no ‘international’ recourse. This could stop in a heartbeat – return our hostges many of whom are being raped daily!

Israel is as genocidal as Hamas are boy scouts. SA is supporting a terror organization that fights from within its people, inviting civilian deaths. You think u are bring virtuous. You are not. What an upside down world! What an upside down world.

The gloating and irrational, superficial comments by most commentators is depressing. The coldbloodedness is even more so. More than 27 000 people killed!

And when will the ANC be taken to court by the people of SA! Why? Under the ‘leadership’ of the ANC the bigger part of the people of SA have their quality of live been taken away by mismanagement and corruption on a grand scale. So, I ask myself how can you claim to be worried about the Palestinian people if you totally ignore the plight of your own people in your own country?

Here is an example of professional, fact-based and unbiased reporting from an international media: The International Court of Justice (ICJ) has not ordered an end to Israel's military operation in the Gaza Strip. However, in its decision, the highest UN court called on Israel to curb death and destruction. South Africa had asked the UN's highest court to order Israel to end its military operation in the Gaza Strip. The court previously announced that it would not dismiss South Africa's genocide case against Israel. The Israeli government had requested that the South African lawsuit be dismissed. The court has not yet ruled on whether the actions in the Gaza Strip constitute genocide - a decision on the matter could take years. ICJ President Joan E. Donoghue said the 17-judge panel concluded it had jurisdiction and therefore could not dismiss the case. The war resulted in many civilian casualties, widespread destruction of civilian infrastructure and the displacement of an overwhelming majority of the coastal area's population, Donoghue said. "The court recognizes the scale of the human tragedy unfolding in the region and is deeply concerned by the ongoing loss of life and human suffering." At the same time, the Court made it clear that Israel's actions in Gaza follow the barbaric terror of October 7th, and recalled that Hamas is also bound by international humanitarian law and must finally release all hostages.

I am used to my posts being rejected. Possibly for being too pro-Jewish. Deliberately not saying too pro-Israeli. Ok, once more into the breach. I just wonder should the next election go the way many people hope, whether the pro Hamas stance of the ANC will survive, and with that the future of an unwanted legal morass.

This article reflects a distinctly tendentious, myopic, and Panglossian reading of the ICJ's judgement. It even descends into manifest misrepresentation of what the ICJ actually ruled! What a farce. The *only* "victory"--if one can even call it that--for SA is that the ICJ ruled that SA indeed has standing to bring the case. The court didn't even reprimand Israel for its Gaza actions in any serious way, but of course our ANC bigwigs are all starry-eyed, declaring it a "major victory" because they think that doing so lends them a sheen of credibility and moral rectitude. Only low double-digit IQ contemplation is required to see that the ICJ actually showed our government a rather substantial toffee.

I was contemplating subscribing to DM but this one sided article which deliberately omits ruling about hostages (I wonder if Hamas still has any left alive) has made me rethink this

Israel killed 1% of Palestinians in 3 months. That’s like killing 3 million Americans or 600 000 South Africans in 3 months. It is absolutely a genocide when 80% of those deaths were women and children. Lots of whataboutism about Russia, the ANC and everything else rather than Israel’s indiscriminate killings. This is why the DA won’t win anything, they and their supporters are blinded to the plight of the down trodden. Well done to our country for being on the right side of history.

As descendants of Abraham both Jews and Muslims have a historic birthright to the land of Palestine. During WW I Britain sought the aid of the Arabs through their spiritual and political leader to put paid to Ottoman control of the area and promised their people sovereignty over their Holy sites once victory was gained. With the horse trading involved when the Middle East was carved up after WWI under the infamous Sykes-Picot agreement, Britain reneged on its promise to the Arab population and under their mandate to govern the region in 1948 drove the indigenous population out of their ancestral homes and lands to provide a solution to what was shamefully described as THE JEWISH PROBLEM after the Holocaust and the Diaspora. The Muslim were given the West Bank but permitted hostile Jewish settlers to occupy the land. They also created a vast Concentration Camp which was Gaza where air, sea and land access to the strip was co trolled by the IDF. This has lead to historic grievances which have still not been addressed and in fact Israel is given the means to continue their military control of the area thanks to the US who generously fund Israel and then get their money back by means of a very lucrative arms trade. The thoroughly odious ANC government possibly with the aid of equally egregious regimes, sent an impressive team of human rights lawyers to challenge the conduct of Israel and its allies in 70 years of appalling human rights abuses. Well done Team SA.

I thought this was all about human rights. All I see is "Win for SA, SA vindicated, SA pat themselves on the back.. etc..." Well bloody done, now put your money where your mouth is. FIX PIT TOILETS AT SCHOOL.

X

Congratulations to Naledi Pandor and the ANC. Now does the minister Naledi Pandor have a court date for Ukraine?

Just as a kind of margin note: Does anyone remember The Munich massacre? A terrorist attack carried out during the 1972 Summer Olympics in Munich, West Germany, by eight members of the Palestinian militant organization Black September, who cold-blooded killed two members of the Israeli Olympic team, and took nine others hostage.

A deafening silence in the article about the court order to release all the hostages.

Is there someone sorting the moderation freeze or an email please, second time I am frozen without explanation.

I am totally for the liberation of Palestine, but COMPLETELY AGAINST any action taken in the name of jihad. What chills me deeply is how often I hear child victims being called ‘martyrs’ as if they willingly accepted death or horrible injury. A question which I think Minister Pandor and our president should have to answer unequivocally is: If you have influence with the Hamas upper echelon, would you ask them to surrender? If Israel were to then carry on with its decimation of Gaza, that would definitely be genocide as well as a definite indication that Hamas is putting fellow Palestinians first and not its notion of divine sanction. 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.

Ai, Ferial. Really?

This article is a disappointing attempt to depict SA's outcome from the ICJ as a victory. I am dismayed that a reputable media platform like Daily Maverick published this. Israel remains in the same position as before the ICJ's verdict, which merely ordered them to implement measures to prevent genocide, something they were already doing with evidence. The verdict essentially reminded Israel of the terms of the Genocide Convention, with no ceasefire or acknowledgment of genocidal intent. In fact, Hamas was ordered to release hostages immediately, and non-compliance would give Israel more reason to continue the war. It's laughable that the ANC celebrates this as a victory, showcasing their disillusioned approach to the matter.

After this rather damp squib I wonder if Iran will ask for a refund from Naledi et al?

To pro Israeli narrative commentators i would suggest look up what Israeli legal experts think of the ruling , and not politicians either theirs or ours. Also articles in International Law journals . Has no one wondered why the Israeli judge voted yes on 2 points .

Credit where credit is due, this was a brave move by Ramaphosa and his cabinet. No other country was willing to call out Israel on its inhumane actions out of fear of reprisals from its powerful Western allies. But SA did not look the other way, instead we stood up for the rights of the Palestinian people. Well done by our government.

If the South African ANC were serious about preventing genocide and not just politely grandstanding to the world, they would have called for the Palestinian backed Hamas army to release all the hostages and lay down their weapons. This action would immediately protect the population of Gaza from further bloodshed and more infrastructure destruction. Hamas are hoping to stop this eventual outcome, as it has always done in the past, by getting countries like South Africa to stop the war. Let's not forget who started this conflict and their ideologies.

My thought on SA going to the IJC is this, in our country, nothing is being said about the violence against the farmers, who let's be honest here, are mostly white. Nothing is done or said about the racial quotas business, nothing is said about the fact that people are starving day by day, nothing is said about the influx of foreigners from all over africa into this country, which is also my country by the way. Makes me feel like the pot calling the kettle black, is the only thing that can really be said. I am 56 years old, and am certainly not a racist, and have never felt inclined to be one, I educate children of color exclusively. I've spoken to many old (80) and up persons, about this country as it stands, and they're speaking in one voice, it's a disaster, as they all remember their parents and themselves having jobs, having homes, having food, having schooling that operated effectively. Now, don't get me wrong, the "apartheid" bones that are regularly dragged from the grave, which is currently as active mind you with all races in this country, was and never will be a good thing. And, until that favorite blame is stopped, nothing good will come from anything in this country. Too many secrets are kept about the massive corruption and self enrichment going on, and too many false promises are being made, only to garner votes, too many food parcels are being handed out in order to bribe voters to vote for one party, which is very effective, as their is great hunger out there. Only for those to find out after making their mark, that what was promised, never comes. A constant game of promises, lies, theft and corruption. So, to the current ruling party in this once beautiful, prosperous and safe country, clean up your own act, before pointing fingers at other countries and peoples, and mind your own bloody business.

BS! The only additional action on Israel is that the now need to produce a report. Everything else were required as a signatory to the treaty. Why do journalist not report the truth, the whole truth and nothing but the truth?

South Africans will now live in hope that Israel makes a case before the ICJ to halt the genocide in South Africa against women of all races and the genocide against White South African farmers.

The upshot of this issue is that any terrorist organization is given the green light to kill, rape and mutilate at will with no ‘international’ recourse. This could stop in a heartbeat – return our hostges many of whom are being raped daily! This site won’t allow web links but try web search using the normal https… then insert saturday-october-seven dot com , warning very graphic content of the barbarity of the attack on us 10/7

Unfortunately in South Africa hundreds are dying daily and this has been happening for many years. ANC government should concentrate their money and efforts to sort out our own problems. We are South Africa, not Palestine, and even though one does not like the killings that are happening both in Palestine and Israel, it must be remembered the Hamas Miuslim terrorists started the action

I am, I hope like many of the Commentators here, a D M Insider. This article is an affront and an insult to professional journalism in which we put our trust with D M., and an insult to its readers. It not only grievously factually misrepresents the content of what it does say but also what it does not say. I do not have to comment as most of what is obvious to anyone who has properly read the court ruling is already well stated in the majority of Comments. Most object to the lack of integrity. It is now only beholden to the Daily Maverick to discipline Ms Haffajee and apologise to it's readers for this travesty of acceptable journalism.

my post still in moderation( 2 days ) but Karen Maughan article on another SA news site picked up some of my comments on the ruling . Hopefully this passes.

Not Ferial’s best article. One sided and hence inaccurate. Strange. I thought she was better than this.

It seems a Jewish Zionist Israeli Judge Barak kept his faith from influencing his judgement on the rulings . But to have a Christian Zionist to use her faith in her rulings is ironic ( Uganda Judge Sebutinde - Christian Life Ministries -Uganda ) .

The article does not mention that Hamas is required to release all the hostages.

There was no order of a ceasefire, because the ICJ recognises that this war is a legitimate act of defence against the brutal aggression of Hamas on October 7, as well as the continual and ongoing indiscriminate rocket attacks that originate from Gaza. No reasonable human being wishes for the continuation of this or any other war or celebrates the loss of a single life. The court recognises that a major justification for the continued actions of Israel is in the obligation a government has to protect its citizens and free those that are held in captivity and raped on a daily basis. By calling for the immediate release of these hostages, the complicity of Hamas in the continuation of this war is finally spoken aloud on the world stage. We are finally reminded that this is a war in response to an unspeakable aggression, with an objective, and there are two parties who have agency in how those objectives are met. There was not a single specific act identified or mentioned. The provisional measures and orders, were merely a general statement of the obvious and pre-existing expectations placed on Israel to act within the confines of international law, which it does and will. And the requirement to report and be scrutinised on this, will give a globally recognised framework by which to be further legitimised. The notion that the “steps” to be taken, forbid the continuation of the war, with the potential for civilian death, is tragically a manipulative distortion aimed at I am not sure who? Further sewing the seeds of expectations that will not be met, such as South Africa emerging as the big peace maker of the world. Similarly, by accepting jurisdiction to hear the case, a framework is provided by which to be cleared of this charge, however costly this proves to be in terms of time, resources and distraction, and the further divisions sewn by biased and distorted reporting as exampled by the above article. The orders were directed at Israel alone, because the Palestinians lack a credible leadership to which similar cautions may be addressed, having elected a terror organisation as their leadership who couldn’t care less about international law. What point would there be to order the cessation of rocket attacks, themselves unambiguously indiscriminate in their intent? What point would there be to order Hamas to not impede the flow of civilians away from targeted areas? To allow aid to reach its intended civilian recipients and not end up stockpiled in tunnels? To step down from its position of appropriating the entire territory of Gaza, under the guise of leadership, to wage a futile and costly war of annihilation against Israel that has precluded any semblance of progress towards autonomy and state-building for the Palestinians? The actions of October 7 do not require a careful examination to be recognised as war crimes, or simply as crimes, since these actions do not deserve to be even partly shielded behind a cloak of war. These were acts of rape, torture, mutilation and execution that have become a footnote to every article – the 1400 that must be mentioned as a duty to maintain some illusion of balance, before laying into Israel. So no, this is not a victory, for anyone really. It is a sideshow. I would applaud any meaningful effort, to bring an end to this war. Where is South Africa’s attempt to negotiate for the release of hostages, given their relationship with Hamas? Where is the sincerity in the condemnation of the horrific atrocities of October 7, when seen alongside the cosying up to Hamas – receiving delegations and the like? Where is anything of any substance? A great amount of attention has now been given to a process that will achieve nothing positive but will have negative unintended consequences. Organisations like Hamas will feel legitimised and emboldened. Israel will be further vilified, further isolated, and less able to see ways towards peaceful settlements that feel sufficiently secure for its citizens. They will wear the heavy mantle of those accused of genocide until eventually cleared – much as a man’s life may be ruined by the charge of rape, even when he is eventually shown to be innocent. These consequences have not been considered. What seems to irritate many other respondents too, is just the dissonance of seeing our politicians enjoy this limelight. Our politicians who cannot oversee a single conviction after our country has been stripped bare by state capture. Our politicians under whose watch this country collapses a little more each day. As a final comment, Gaza has been described by many as the biggest open-air prison in the world. These people have obviously not driven past Du Noon or Khayelitsha lately. Huge swathes of our population exist in true open-air prisons. They are prisoners of the economic hopelessness perpetrated on this country by an inability to lead and serve, by a corrupt and self-interested party. People are right to feel aggrieved that a complex and remote geopolitical situation, receives more attention and warrants live television posturing by our cardboard cutout state president, while the majority of our own population live out their dismal existences in conditions far worse than those experienced in Gaza. Hypocrites. Release hostages. Hamas surrender and disarm. Ceasefire.

If this was a slam dunk victory for SA, how would it had been if SA had turned in Putin to the court? He didn't trust the ANC leadership to be the spineless cowards they are, so he didn't give you the chance. Instead SA has provided Putin with a diversion from Russia's intended ongoing genocide in Ukraine, and as it seems delivered weapons to do it.

What a mess. ANC proved nothing. Israel must and will continue the counter-offensive. Show the ANC how a real govt reacts to attacks against its people. Hamas' stated aim is the elimination of Israel. We would have had a much beter case if we took Hamas and Palestine to court on the same charges. The fact that Israel strikes harder than Hamas is irrelevant. I promise you that if Hamas could reverse the kill ratio they would.

Does God say He curses those that curse Israel and He blesses those who bless Israel…….Derek Prince mentions this…I wonder how ANC will do in the next election. I suspect they just blew both feet off with a howitzer

Would be fantastic if our care bear of a prez could raise the same level of effort to stop the rampant civil rights abuses enabled by his appointees in our country. 70 south africans murdered every day doesn't even seem to raise his pulse

It is painfully heartening for a country to experience such mass loss of its civilians at the hands of those who have economic interests in it . I suggests the global countries who witnessed this genocide can unite against this kind of behavior from those who have resources to manipulate them .

Now that the whole world acknowledge that UNWRA was captured by Hamas in exactly the same way the ANC cadres the South African Revenue services and the Tender system: Is it still a diplomatic victory? Was there really any gain for the ANC? It was not SA that brought the case before the ICJ but the ANC. The state capture narrative will stick to the ANC and eventually destroys them from the inside. It is the international banking system that hold the key to ANC financing. And who control the international banking system? ANC - Prepare yourselves for a huge exposé.

What a convenient Hamas tinted view. Hopefully, this joy will fill your bellies and keep the roof over your heads when the retribution is handed out and we become Zimbabwe on steriods - economically.

DONT TRAMP ON A LIONS TAIL, WITHOUT A LOADED GUN, OR ROBUST SUPPORT FROM BIG POWERS! WELL DONE RSA , FOR YOUR HONOURABLE STANCE AGAINST INJUSTICE, BUT TAKE COGNIZANCE OF DIRE ECONOMIC CONSEQUENCES THAT POTENTIALLY WILL CRIPPLE, NOT THE ANC GOVERNMENT, BUT ITS POOR PEOPLE. SOUTH AFRICA CONTRIBUTES ONLY ABOUT 0.5% OF THE ECONOMY. JUST A MERE DROP!!