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MIDDLE EAST CRISIS

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

No ceasefire, but SA wins substantive rights measures in the Gaza genocide case
President Cyril Ramaphosa is embraced by the deputy Ambassador of Palestine Bassam Elhussiny at Birchwood Hotel during the the outcome of the International Court of Justice ruling on 26 January, 2024. (Photo: Felix Dlangamandla)

The World Court orders that Israel stop killing and harming people in Gaza and that it report provisional measures to the ICJ and South Africa by 26 February.

It took International Court of Justice (ICJ) President Judge Joan E Donoghue less than an hour to order a decisive turn in what the Court agreed is the “death and despair” haunting Gaza.

A majority of 15 and 16 judges on a bench of 17 granted most of the measures requested by South Africa to prevent a rising genocide in Gaza and the rest of Palestine. But it stopped short of the most important — ordering a ceasefire in a three-month-long war.

The Court said that while accurate figures are not available, it accepted that the war had caused the deaths of 25,700 people, most of whom are women and children.

More than 63,000 people had been injured, while over 300,000 homes (the majority of Palestinian housing stock) had been destroyed.

Read more in Daily Maverick: Middle East crisis news hub

While the ceasefire request failed, the Court sought to bind Israel’s hands, ground its jets and effectively empty the bullet chambers of its guns with its order. But this is only if Israel accedes to the Court’s order.

The Court ordered Israel to:

  • Take all measures to prevent killings, severe mental and bodily harm, and cease preventing care during births in the (Palestinian) group;
  • Take steps to ensure the military forces do not cause the above acts (this may be tantamount to a ceasefire);
  • Take steps to limit the adverse conditions of life in the Gaza Strip (this is to allow humanitarian aid to flow freely and to stop communications and other blockades); and
  • To submit a report to the Court by 26 February on progress and that this report will be shared with South Africa.

International Relations Minister Naledi Pandor said the effect of the order was tantamount to a ceasefire, but Israel disagreed in first reactions.

Judge Donoghue said the order is binding. The jury is out on whether Israel will accede because it has historically ignored international UN resolutions to stop international humanitarian laws in Palestine.

The order was made to preserve the future rights of Palestinians (once the substantive genocide case is heard) and to stop the ongoing killings and humanitarian disasters unfolding.

The Court agreed with South Africa’s argument that there was a plausible case of genocide to be heard but made it clear in numerous parts of the order that it made no finding on whether there was an ongoing genocide.

Judge Donoghue quoted various heads of UN agencies who found that Israel’s operations were “causing massive civilian casualties and displacement”.

“The court is acutely aware of the extent of the human tragedy and concerned by ongoing loss of life,” said Donoghue in her opening statement.

SA Jurisdiction

By a substantial majority, the ICJ found that South Africa had a prima facie case and jurisdiction to bring the case. Israel had sought to have the case thrown out. The Court agreed there was a dispute between South Africa and Israel. It reaffirmed that a ‘common interest’ in preventing genocide applied from ‘one to all’ parties to the 1948 Genocide Convention, regarding which SA ought to order. Israel argued there was no dispute with South Africa and therefore no legitimate case before the ICJ.

The Court agreed with UN statements that a substantial proportion of Gaza’s two million people would carry lifelong scars and had been impacted by the war now just over 100 days long. It quoted UN agencies who had said: “An entire generation of children is traumatised and will take years to heal”. It also accepted UN data, which showed a looming famine in Palestine, with 93% of people going hungry and most not having access to potable water.

The ICJ also appeared to accept South Africa’s argument on the genocidal intent of Israel. It said that statements by Israeli leaders, including its President Isaac Herzog, dehumanised Palestinians.

The Israeli Attorney-General belatedly announced an investigation into these statements. While welcoming this, the Court said it was still sufficient to conclude that at least some of the rights sought by SA are plausible.

ANC members, ICJ genocide case

ANC NEC members listen to the outcome of the International Court of Justice ruling on 26 January, 2024, at Birchwood Hotel. (Photo: Felix Dlangamandla)

Ferial’s view

It’s an almost slam-dunk human rights victory for South Africa, which always knew it was unlikely to get a ceasefire. The preventive measures ordered should bring succour to Palestinians still dying in scores every day. It should open up humanitarian corridors because the Court has ordered a short-term return date for a progress report on 26 February. Of course, it may not if Israel decides not to accede.

The most important outcome is the fact that a genocide case will be heard, likely for years. This means Israel’s allies will think several times before supplying arms and turning a blind eye to its human rights abuses.

Impunity is deep in the world, and while the debate will now be on how much effect the court order will have, at least for today, the rights of peace have vanquished the impunities of war. DM

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Comments - Please in order to comment.

  • Brendan Temple says:

    Now do the same and take Russia to ICJ, as there is disgusting human rights abuses going on there, and children being kidnapped by Russian forces.

    • TV vhoSmith says:

      I am no fan of the ANC government but credit must be given where it is due. They acted accordingly (For once). And they didn’t even foul it up. Well done.

      Now let’s wait and see how this newly found righteousness will be applied to Russia.

      • Just Me says:

        Agree. I do wish that SA would apply the same degree of legal astuteness in catching the corrupt ANC cadres. By the way, Russia has been taken to the ICJ regarding Ukraine.

    • Irene Baumbach says:

      Agree, and everywhere in the world where genocide is blatantly obvious. And while you are on a roll, sort our our domestic woes.

    • Caroline de Braganza says:

      There is already an active case against Russia at the ICJ. Check your facts.

    • Graeme J says:

      Don;t forget Syria, Sudan and China (the Uyghur “re-education” camps).

      • Kanu Sukha says:

        Do you mean the system whereby the Israelis perfected the art of surveillance technology and ‘re-education’ and exported to China … but at least without indiscriminate dropping of bombs on the population? I wonder if the Chinese paid or at least thanked the Israelis for the innovation ?

    • Graeme Bird says:

      Check your facts before spewing knee jerk negativity against our country

    • Brandon Platt says:

      Ferial Hafejee any respect I may have had for you in the past has thankfully evaporated. You have shown your true support for the repulsive ANC government. Your spin confirms this.

      • Dermot Quinn says:

        “causing massive civilian casualties and displacement”, Funny that, there is a war raging. In a populated city environment where Hamas is hiding in tunnels, houses and hospitals. No surprise then that people get killed. Hamas is still sending a few 100 missiles over the border into populated areas, oftern killing their own even. If Israel had less defences the casualties would be similar.
        The charge of genocidal intent and execution may just apply to Israel, it 100% applies to Hamas. But we ask so little of those that resemble ourselves.

  • Chris Skinner says:

    I seriously don’t believe anything will change. Israel will continue as before the hearing. There is no evidence of genocide.
    Many are dying and that is terribly sad and tragic… but no genocide.
    This was NOT a slam dunk win by SA, it mere posturing of a very confused and ineffective government trying to score points on the international stage. Shameful on my view.

    • J vN says:

      Although the delusional ANC is proclaiming a victory, it was actually a humiliation for its dim-witted cadres. The court refused to accede to the brain-dead demands from its equally dim-witted legal team, so Israel is free to pursue its campaign and eradicate Hamas, but has to promise to be good boys and not to commit genocide, which Israel denies intending anyway. As you said, business as usual for Israel.

      What an embarrassment for South Africa and its dim-witted cadre regime.

  • Bill Gild says:

    The ICJ did not order a ceasefire, or even come close to that. Ms. Pandor’s assertion that the court’s interim order was “…tantamount to a ceasefire” is factually incorrect, insidious, and self-serving.
    The IDF has a duty to protect its citizens against further attacks by the barbaric and genocidal Hamas terrorists.
    That South Africa chooses to align itself with Hamas and other terrorist entities and individuals is indicative of the depths to which the ANC/SACP has sunk.

    • Amanda Dinan says:

      For those who argue that, because the court did not call for a ceasefire, the case failed. A ceasefire is what you demand in an armed conflict. In genocide, the demand is for an immediate end to all genocidal acts. This is indeed what the court ruled.
      (It’s interesting to see that the comment stream still goes with Israel’s defence, which was overturned.)

  • Gordon Cyril says:

    Ferial this is informed ‘spin’

    Let’s summarise this:

    1. Israel must be careful and continue to ensure basic needs in Gaza aren’t impeded. Israel will continue to contend that it is doing this but cannot ‘legislate’ for Hamas’s cynical use of human shields and stealing most aid trucks that enter Gaza – at gunpoint

    2. There is no demand or order for a ceasefire – the ICJ recognising Israel’s right to wage war against the terrorists

    3. The ICJ makes an explicit demand for the hostages to be released immediately

    So…

    Pandor and Ramaphosa’s gloating aside, whats different from what has been posited all along?

    Israel will fight this war to its conclusion i.e. the elimination or expulsion of Hamas, the return of the hostages and the introduction of order and international rebuilding in Gaza

    Of note, the only African country on the ICJ (Uganda) makes its distaste for SA clear by dissenting every single one of the measures. It is interesting as there are undoubtedly other African neighbours who see SA for the opportunist that it is.

    This will continue to run and as they say, revenge may well be a dish best served cold

  • Gordon Cyril says:

    Correction: insert aside from Morocco and Somalia who have their diktats already prescribed by their governments

  • John P says:

    This leaves Israel and the USA pretty much isolated from the world view of the Palestinian tragedy. Perhaps even the USA will modify it’s stance going forward.

  • Tima B says:

    This is a great start. It’s a ceasefire in all but words!

  • Graeme Bird says:

    Viva South Africa Viva! The result today completely legitimises taking Israel to the ICJ and further cements our post apartheid status as a nation that represents hope for the world.

  • Stan Han says:

    No spin in your reporting here, eh, Ferial. I’m pleased the ANC kept the lights on long enough for your report to go through. Now, about the actual genocide in Sudan. You got anything? Thought not.

    • Bill Gild says:

      Exactly!

    • Steve Davidson says:

      So the Sudanese genocide is as bad as the Israelis? Fair comment. We’ll get them next.

    • JP K says:

      Whataboutism: “a pejorative for the strategy of responding to an accusation with a counter-accusation instead of a defense of the original accusation … The communication intent is often to distract from the content of a topic (red herring). The goal may also be to question the justification for criticism and the legitimacy, integrity, and fairness of the critic, which can take on the character of discrediting the criticism, which may or may not be justified.”

      • Stan Han says:

        Going of about ‘whataboutism’ in an attempt to deflect an actual genocide in Sudan is an acknowledgement of the actual genocide in Sudan. Nice try at more spin. And I’ll bet half-a-g, you’ll try again.

        • JP K says:

          Not at all. You’re missing the point. As the quotation states, the criticism may or may not be legitimate but its intention is to deflect. In this case from the plausible genocide going on in Palestine by attacking the journalist because of “spin” and not addressing some other topic.

          But this was covered on the DM. Indeed the DM ran an article just the other day “Sudan is being destroyed while the world focuses on Gaza and Ukraine”. Which you read.

          In fact, you said “And what is the ANC going to do? Starts with F, ends with L. Because….no Jews in the story.”

          Sounds like you are deflecting. Your comment had nothing to do with genocide. You’re not happy about the focus. So you bring it up again and accuse the journalist of spin…

  • Dario Siefe says:

    Ther is no difference between the war Israel is waging in Gaza and any other war taking place currently or in the past. If there were no casualties on either side one could hardly call it a war then. How is it that Russia is not being taken to task for invading a sovereign country and bombing indiscriminately? At least Israel did not start the war and after what Hama’s did my opinion is that Israel is entitled to finish it. The whole object of war is to defeat your enemy. If SA is not happy they can send troops to assist Hamas just like all the other parties that get involved in a war. Prime example is Syria.

  • jc c says:

    SA 0 Israel 1,

    Hamas was ordered to immidiate release all hostages, should they not do it then it opens the door for Israel to ignore the orders issued. No cease fire so Israel can continue its ground offensive against Hamas. …. “The Court agreed with South Africa’s argument that there was a plausible case of genocide to be heard but made it clear in numerous parts of the order that it made no finding on whether there was an ongoing genocide.” 🇮🇱🇮🇱🇮🇱🇮🇱🇮🇱🇮🇱🇮🇱🇮🇱🇮🇱🇮🇱🇮🇱🇮🇱🇮🇱🇮🇱🇮🇱

  • Ben Harper says:

    Hahaha, the ruling means absolutely nothing

    • Graeme Bird says:

      The courts ruling (if you listened), does mean you were wrong about the credibility of South Africa taking the matter to the ICJ.

    • John P says:

      The ruling may mean nothing to you but then that is not surprising based on your average comments in this matter. It does however mean that there is now more pressure on Israel and may even affect their funding and support from the USA.

      • Ben Harper says:

        How so? The ruling only insists that Israel do what it’s already doing. How on earth will that put pressure in Israel or their backers – the ruling in essence endorses Israel’s actions

        • John P says:

          Not at all, the ruling says
          “Take all measures to prevent killings, severe mental and bodily harm, and cease preventing care during births in the (Palestinian) group;
          Take steps to ensure the military forces do not cause the above acts (this may be tantamount to a ceasefire);
          Take steps to limit the adverse conditions of life in the Gaza Strip (this is to allow humanitarian aid to flow freely and to stop communications and other blockades); and
          To submit a report to the Court by 26 February on progress and that this report will be shared with South Africa.”

          This is certainly not what the IDF has been doing so far.

  • Cornelia Botha says:

    Cat got your tongue, Ben Harper?

  • Johan Buys says:

    as per usual, the analysis of this court ruling fluctuate wildly. I listened to an international human rights lawyer with 40y experience on the radio in car now that concluded:
    + win for SA in that court decided it has jurisdiction and SA has standing
    – in effect the order is that Israel must take steps to ensure it does not commit genocide is all, which Israel says it has been doing anyway.

    This will take half a decade to go anywhere. In 2022, this court ordered Russia to cease its invasion of Ukraine. What happened? Zip.

  • Jeff Blumberg says:

    The court also ordered the immediate and unconditional release of all hostages. Why do omit to say so?

    • Caroline de Braganza says:

      Because Hanas is not a country thus the ICJ has no jurusdiction.

      • Ben Harper says:

        And ergo has no jurisdiction to enforce Israel to do anything. The court cannot force a sovereign nation to stop protecting it’s territory and citizens while de facto allowing the aggressor to continue it’s attack on said country

    • The observer Logical says:

      Exactly. So one sided. Supposed independent journalism going down the drain again. I’ve lost all respect for her. There are two sides to the story. It seems antisemitism is fine, but no one is allowed to be critical of the terrorists. A very sad day indeed

  • Sergei Rostov says:

    I’m afraid this article is misleading and not correct. The Court did not order Israel to “stop killing and harming people in Gaza”. It ordered Israel to take measures “to prevent the commission of all acts within the scope of Article II” of the Genocide Convention, and in particular. Acts falling within the Article are killing, causing harm etc “with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such.” The Court made itself clear in paragraph 78: “The Court recalls that these acts fall within the scope of Article II of the Convention when they are committed with the intent to destroy or whole or in part a group as such”. In short Israel was ordered to take all measures within its power to prevent genocide, of which I am sure even Israel cannot complain. Please take more care in your reporting.

    • Hidden Name says:

      It doesn’t suit the reporters narrative to do so. Instead they try to paint a ruling which doesn’t agree Israel is commuting genocide as a victory. Nett effect of all this grand standing is zero.

    • Henry Henry says:

      Agreed. Hurried, sloppy “reporting.”

    • Caroline de Braganza says:

      Perhaps you should read the article again.

    • Dietmar Horn says:

      I can’t help but get the impression that some DM journalists are succumbing to the self-imposed pressure not to be seen as pro-Israel out of fear of a shitstorm. Here you are following the narrative that you believe is currently en vogue in SA.

    • JP K says:

      The ICJ press release states:

      The State of Israel shall, in accordance with its obligations under the Convention
      on the Prevention and Punishment of the Crime of Genocide, in relation to Palestinians in Gaza, take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention, in particular: killing members of the group.

      Not sure what the issue is…

  • Jeremy Wiley says:

    An historic day in global juris prudence. The ICJ has correctly interpreted and empathetically applied international law. It is now up to the UN and all responsible nations to enforce the ICJ’s decision. Tragically the ICJ’s decision comes much too late for thousands of Palestinian and Israeli civilians who have been devastated by this decades long war which successive generations of political actors have been inciting and were too corrupt or incompetent to resolve in a civilized manner. Well done to SA for insisting on its legal rights and assuming its international legal responsibilities — regardless of any other political considerations or other motives. All other nations, especially those on the UN Security Council, would do well to acknowledge SA’s moral and legal leadership in this particular matter.

    • Ben Harper says:

      And what exactly do you think that is? Apart from endorsing what Israel is doing already, what else do you believe they have correctly interpreted?

      • John P says:

        Except Israel is not and has not been making every or any effort to minimise civilian casualties. Aerial bombardment of civilian structures, preventing access to food, water and more and general destruction of Gazan infrastructure is exactly what they have been doing and what the ICJ order has told them to stop doing.

        • Ben Harper says:

          says someone with a totally biased opinion and lack of understanding of International Law and it’s relevant statutes, codes and conventions

  • jc c says:

    Copied… I thought I will give you an update of what was decided at ICJ. Contrary to all the media and news that says “South Africa won” that is not what happened.

    The following was decided:
    1) SA can bring the action the ICJ has jurisdiction to decide the matter
    2) They heard what SA said and will now do an investigation. In the meantime Israel must do there best not to “commit genocide or acts of genocide”.
    3) Hamas must release the hostages (nobody mentions that)

    … and Uganda was the one country that voted against ICJ.

    That’s all.

    The ICJ will now investigate the matter with information from Israel.

    It horrific to me to see how the world is being fed incorrect information. It will still take a long time for matter to be decided. All that Israel have to do is to “do their best to not commit genocide or acts of genocide”. That is completely different to the current narrative.

    I watched the ruling and have a bit of an idea how it works. They will never be able to make a decision without doing an investigation.

    Take about 30 minutes and listen to the decision with this knowledge now.

  • Yaakov Rashi says:

    SA: we ask ICJ to impose an injunction of all hostilities and find Israel guilty of genocidal intent!
    ICJ: can’t help you, sorry – but we’ll tell them to just be careful.
    SA: yay we won
    ICJ:

    • Esskay Esskay says:

      Exactly – whatever happened SA would spin it to look like a massive victory. Unfortunately most of the uneducated in SA will buy that narrative. Israel has been doing everything that the ICJ requested anyway. Of course no mention of the release of the hostages. Doesn’t fit the narrative. Ferial – I used to have respect for you!

    • Richard Blake says:

      This simplified version is something Caroline de Braganza will be able to understand. 🤣

    • JP K says:

      Israel: we’re the most moral army in the world!
      ICJ: there’s a plausible case that you’re committing genocide. Please stop.

  • Geoff Coles says:

    What an embarrassing Ferial’s view…. well she did write it!… I mean Slam- dunk victory’.
    Well, if you like, everything is different, nothing has changed. Will Hamas fire rockets into Gaza I wonder?

    Of course I also read her views of the judgement, if you can call it that, and have no problem with a lessening of the Israeli approaches, very bruta , past time to rein in! However, what else has really changed… now if Hamas released all the hostages, perhaps a game changer….. turning on the local Hamas in Gaza too of course.

  • Vusi Dladla says:

    Israel is prepared to be another pariah state.

  • Rob Carswell says:

    I’m pleased that our government did what they did to prevent further killing of civilians but I wonder where our government’s moral compass disappeared to when it came to the Omar al-Bashir issue.

  • Mark Ditto says:

    Not a mention that Hamas must immediately and unconditionally release the hostages.
    You write ” … Court … ground the jets”; no other article I have read mentions this, care to elaborate.
    I am amused at all the SA terrorist supporters calling the ICJ ruling a victor, the way I read it is that Israel has to take a bit more care in the counter offensive, and Palestine must hand over the hostages (there only bargaining chip, lol).

  • Sheila Vrahimis says:

    “It’s an almost slam-dunk human rights victory for South Africa”. Great achievement for SA. Human rights. What about the human rights of the people in Sudan? South Africa embracing the perpetrator of genocide in that country, Omar al-bashir. Found guilty by the ICC of crimes against humanity. 500 000 plus murdered in Sudan. Then Ukraine: not a word about Russia ignoring the outcome of ICJ. Seems some rights are more equal than others….

  • Coen Gous says:

    Good summary Ferial. Just hope I do not see the abusive comments again from contributors to DM

  • “The ICJ also appeared to accept South Africa’s argument on the genocidal intent of Israel. It said that statements by Israeli leaders, including its President Isaac Herzog, dehumanised Palestinians.”

    How is this this different from what Julius Malema’s intent?

  • Sliver Fox says:

    Well done to the ICJ for a well balanced judgement. One cannot help but see the irony of the request by a government whos ruling party openly and with impunity promoted “kill the boer”.

  • Steve Du Plessis says:

    What a pity that this article is published on daily maverick. The court did not order a ceasefire. There is a good reason for this, the court did not order israel to send the displaced Gazans home. There is a reason for this. What about the women and children hostages being held in tunnels and raped in Gaza? What about Hamas firing indiscriminate rockets at Israeli civilians. All the time. If you had any sense of justice or morality you would condemn the homocidal terrorists in Hamas. And support Israeli democracy and Israel’s right to defend civilians from madmen. BTW there is no apartheid in israel – why don’t you go there one day and check

    • John P says:

      Whatabout whatabout is not a valid argument. The court did not order a ceasefire because they have no jurisdiction over Hamas or Palestine, you cannot order only one side to ceasefire.

    • Rafique Ismail says:

      what is tabled is not a case but a hearing. Now comes the onerous task to provide evidence , which can take years to assemble and proceed with its allegations before the ICJ. Israel will certainly put up a very very strong defence !! this can take a decade before VERDICT IS GIVEN !!

  • Monica Ackermann says:

    SA need to start looking after it’s own people and keep their corrupt ministers, Pandor and Ramophosa out of international affairs. SA is an advocate for terrorism. The ANC is a terrorist organization, just like Hamas. South Africa needs to be slammed with sanctions.

  • douglas wade says:

    The court’s orders seem to be broadly compatible with what the US has been urging on Netanyahu’s government. When the Security Council meets to discuss enforcement, which on the basis of his latest statements seems inevitable, will the US still veto it?

    • Geoff Coles says:

      We must remember, the ICJ judges consult with their home nations and by extension the UN in NYC. Their views not entirely their own.
      The judgement as portrayed by Ferial was incomplete, inaccurate and partisan……and hours later Hamas resumed rocket firing into Israel……business as usual.

    • dexter m says:

      Now that is the question , this ruling complicates US domestic politics . Biden is in a no win situation .

  • Robin Rain says:

    Israel’s foremost commitment is to its citizens, and as long as Israelis are not safe to return to their homes, Israel will continue to address the threat from Hamas. Hamas has indicated that they have no intention of stopping their attacks on Israeli men, women, and children. They also express no intention of coexisting with Israelis and seek the end of the State of Israel. Their opposition to a two-state solution is ingrained in their charter. Additionally, Iran and the Muslim Brotherhood adamantly reject the presence of a Jewish State in the Middle East. Israelis are not willing to jeopardise their safety, and Hamas is currently holding Israeli men, women, children, and babies hostage. Israel will persist in its actions against Hamas until their hostages are released and their citizens are safe.

    While Israel may engage in negotiations regarding prisoners, the release of all 9000 Palestinians in Israeli jails, many of whom have committed multiple acts of murder, is not an option. Israel will proceed cautiously in pursuit of its goals, and the rulings of the ICJ may provide a useful perspective.

    The assertion that Israel is an apartheid state can be challenged, emphasising the equal rights enjoyed by Israeli Arabs. Moreover, the claim that Israel is a colonial enterprise is non-sensical by highlighting the continual historical connection of Jews to Israel, which predates Islam by approximately 1250 years. Israel is sacred to Jews and is not merely an arbitrary piece of land colonised like Australia or the USA, which was established through the displacement of their indigenous populations. Jews are the indigenous people of Israel.

    I believe that efforts to isolate Israel, such as the recent ICJ ruling, will not lead to peace but will backfire. The potential return of Donald Trump to office and the renewal of the Agoa agreement by the USA remain uncertain factors. South Africa’s victory may be pyrrhic as evidenced by the 210 US legislators who expressed disgust at SA’s case against Israel

    • L T. says:

      Kol Hakavod Robin!!

      • Kanu Sukha says:

        Robin should note that the expression of “disgust” by American legislators is a pathetic display of their own internal corruption and shenanigans … which includes, a “stolen” election and the subsequent attempted ‘coup’ by a mob ! Many of those legislators still believe in that fantasy/comedy of a ‘stolen’ election. How pathetic can one get ? That ‘show’ is repeating itself again right now! It is not even worthy of a second thought .

  • Garth Mason says:

    While this is cause for real pride and possible (hopefully) relief for Gaza. I’m also very worried about growing antisemitism. Ferial please investigate.

  • Steve Mallach says:

    It’s amazing how quickly the narrative from South Africa changed once they realised they’d lost. Let’s be clear. It was the job of the South African legal team to obtain a ceasefire – they did not. The majority of the other components in the ruling cover actions that Israel (with justification) will already claim to be taking – and are in every instance unverifiable due to a lack of baseline metrics – at the very least. South Africa’s ‘moral standing’ has NOT been enhanced, except among a very specific target audience.

    The fallout from South Africa’s actions will be felt among ordinary South Africans for years. AGOA and other agreements with the West are now in very real jeopardy.

    This was ill-considered by South Africa – and the case that South Africa presented was weak and badly argued by any objective measures. And let’s be clear – if the South African legal team cannot clear the remarkably low bar at the ICJ it was an embarrassment.

    For South Africa to claim a ‘win’ of any type of nothing more than sophistry.

    • anton kleinschmidt says:

      Excellent comment

    • John Forbes says:

      Realistically, a cease fire was never on the cards, it was an aspirational request by the legal team, who collectively presented an outstanding case. They achieved what was sought, which was to ensure that Israel was investigated for crimes of genocide and an attempt to put a brake on the war and its worst excesses. In this they exceeded what was probably their initial expectations of the ICJ ruling. The ICJ is not there to stop wars.

    • Amadeus Figaro says:

      It was a victory for SA desperate need for global stature since it’s trending. But for the people of Gaza not so much.

      • Ben Harper says:

        No, it was was yet another nail ion the coffin of SA’s credibility and standing in the world. Add this to all its other actions of protecting and coddling murderers, terrorists and perpetrators of Genocide, it has assigned itself Grade A+ Basket Case

  • Douglas Shrimpton says:

    As usual, the anc tries to divert attention away from the horrific crime and blatant fraud and corruption in South Africa. The anc does NOT speak for the majority of normal, hard working honest people of ALL colours in South Africa. The effVBS are NO better! We the majority are 100% with Israel 🇮🇱 ❤️

  • Rod H MacLeod says:

    How come, Ms Haffajee, you don’t mention that Hamas was ordered to IMMEDIATELY return the hostages? Will Hamas comply? Has Hamas EVER complied? Your bias in this matter excuses you from being regarded an impartial fact reporting journalist.

  • Only a shamelessly biased reporter could call this a “Slam-dunk” victory for the South African case.
    Only an embarrassingly incompetent minister could interpret this as being “tantamount to a cease-fire
    And only a terminally compromised government could hail this a success.
    South Africa was served up nothing but crumbs by the Court…no cease-fire order…no finding on genocide….merely an unenforceable order to mitigate acts of genocide, which Israel will claim it is already doing to the best of its ability.
    This was a desperate act by a hypocritical government seeking recognition and relevance, which failed miserably no matter how hard it, DM, and Haffajee try to spin it.

  • louis viljee says:

    Of course there’ll be much contention over this momentous judgement. But only blind racists and Zionists will deny that it’s a massive affirmation of the case brought by South Africa. Sure, call out the hypocrisy of the ZA government, but see the Israeli and Zionist hypocrisy also.

  • Mr OK says:

    It’s palpably obvious that this article was written by a biased pro-Palestinian journalist and doesn’t even make mention of the ruling that HAMAS release all hostages. It’s a whitewash to appear as if SA actually succeeded in its case at the ICJ.
    What it did say in a nutshell :No Ceasefire and no genocide. Hamas ordered to release the hostages, Israel to take measures to ensure safety of civilians in Gaza.
    SA may have pleased its 3rd party paymasters by acting as their proxy but they did not achieve any substantial legal or moral victory.
    It is going to sink our economy even further with disinvestment from our biggest trading partners – the so called “evil” western democracies.

  • Dave Hansen says:

    As long as Palestinians allow Hamas to continue their terrorism activities within Palestine- there will be no peace, irrespective of what SA or The Hague say or think or say. SA (read ANC)pretending to care, yet cant sort themselves out, simply trying to garner support in Cape Town so that they can ruin another city, absolutely shameless

  • Ken Kesner says:

    Not one mention of the word Hamas

  • P C Hem says:

    So South Africa, a country with an endemic murder, violence, corruption, theft and sexual offence problem that is getting worse by the day, still has enough money and energy to involve itself in an international affair that would presumably be dealt with by the UN. The outcome was a predictable one, the war will continue as will the crime epidemic in RSA. Funny how people who can’t solve their own problems are quick to interfere with other peoples problems.

  • Michael Shepstone says:

    Extremely one sided and biased reporting! I’ve lost a lot of respect for you Ferial! Did you even listen to the judgement? Basically the judges said that there is room for investigation of genocide charges, but meanwhile Israel must take care to prevent commission of acts under Article II of the genocide convention.
    To me, far more telling is the fact that Hamas was ordered to immediately release all the hostages, which is a win for Israel. Either the hostages are returned without a ceasefire, or Hamas are in breach of the courts order and Israel carry on fighting!

  • John Forbes says:

    Justice was done in the court on 26 January 2024, but for recalcitrant Israel nothing will change. Netanyahu immediately makes it more than abundantly clear that the war will go on. Israel will continue to claim that they are not committing war crimes, ethnic cleansing, starvation at scale, and so on and so forth. What is equally sickening is CNN attempting to claim that is was a win for both sides in the court. The Amanpur stand-in, Bianna Golodryga, trying to extract this view from the expert commentators. Then there is the switch for the lead story from the ICJ court decision to a claim that 12 individuals in UNRWA staff of some 30 000 in Gaza participated in the 7 October 2024 Al-Aqsa Flood operation. Where did acusation come from? No less than from Gallant, he of the “human animals” labelling of the inhabinats of Gaza. Has the accusation been tested? Of course not, but it is an adequate distraction from the court’s decision for CNN.

    • Coen Gous says:

      CNN is a typical American TV channel….reporting as the wind blows, and of course politics in that country. Two old men in Trump and Biden fighting for the bone, but both parties simply dependent for financing from you-know-what

      • dexter m says:

        True ,miss the old CNN when was totally owned by Ted Turner ,and the founding editorial management and policy . Now it is like watching the liberal version of Fox.

    • Bennie Morani says:

      Excellent comment. And in the first few months of the Israeli bombings, you would swear from CNN reporting that very little was happening in Gaza, except the holding of hostages by Hamas. When the chips are down, for all the large news outlets in the US (and other countries for that matter), it’s follow my leader.

    • Ben Harper says:

      Yes, justice was done, the court endorsed Israel’s actions and gave it the nod to continue doing what it’s doing but perhaps keep more records just to be sure

      • John P says:

        Not true at all but keep parroting the same line and you will convince some people. The court in no way endorsed Israel.

        • Ben Harper says:

          Continuing to deny the reality and the truth doesn’t change the fact the ruling Israel’s actions. Name one single part of the ruling that Israel is not already complying with.

  • anton kleinschmidt says:

    How embarrassing this whole “case” has become. The ANC thrusts SA into the international limelight while acting as bumbling proxies for Iran / Hamas. To make matters worse they claim victory when all that really happened is that the ICJ tossed them a meatless bone to knaw on. A sop!

    To be sure, the west will see this all for what it is. A slap in the face for the ANC

  • Allan Wolman Wolman says:

    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 address… then insert saturday-october-seven dot com , warning very graphic content of the barbarity of the attack on us 10/7

  • Hilary Morris says:

    There is little doubt that we all read the outcome through the lens of our own polititcal perspective. What is particularly disappointing in the reporting, is how Ferial manages to ignore the blatant hypocrisy in South Africa’s bringing of this case to the ICJ, while managing to ignore worse transgressions of other countries. For Ramaphosa and his ilk to appear as heroes while his own people live under the most appalling conditions, shows nothing more than a talent for sleight of hand, and convenient distraction. Disgusting.

  • Alan Salmon says:

    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.

  • Harry Singh says:

    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.

  • Helmut Straeuli says:

    And now for the case against Russia – I’m dreaming of course. But while ‘our’ legal team is on a roll …

  • Donald Moore says:

    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.

  • Bryan Shepstone says:

    Will we move on to saving Ukrainians now? 🤔

  • Agf Agf says:

    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.

    • John P says:

      You honestly believe that Israel has been in compliance with this directive?
      “Take all measures to prevent killings, severe mental and bodily harm, and cease preventing care during births in the (Palestinian) group;
      Take steps to ensure the military forces do not cause the above acts;
      Take steps to limit the adverse conditions of life in the Gaza Strip (this is to allow humanitarian aid to flow freely and to stop communications and other blockades); and
      To submit a report to the Court by 26 February on progress and that this report will be shared with South Africa.”

      • Ben Harper says:

        Yes John, absolutely and it’s well documented. Not one single statute has been broken by Israel

        • John P says:

          Indiscriminate bombing of civilian infrastructure, destruction of hospitals and mosques, the death and injury of thousands of civilians including children. But according to you Israel has done no wrong.

          • Ben Harper says:

            Again you choose to ignore the statutes, treaties and laws, any facilities used by combatants to further their objectives immediately lose their protected status and become legitimate military targets.

            What proof do you have the bombing is indiscriminate? Sure you’re not referring to the 18,000 plus unguided, crude rockets fired by Hamas at Israel? I don’t see any condemnation of Hamas for failing to protect it’s people – oh wait, they don’t and the have openly stated they want their people to be martyred.

            So no, Israel has done no wrong, it has exercised it’s right as a sovereign nation in protecting its land and it’s people as every nation should

  • Sydney Kaye says:

    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.

  • Allan Wolman Wolman says:

    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.

  • Melvyn Minnaar says:

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

  • Marcus Beijer says:

    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?

  • Dietmar Horn says:

    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.

  • Dov de Jong says:

    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.

  • Con Tester says:

    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

    • David Mitchley says:

      Defending the truth – I think not. Have often thought of joining DM, but when I see “unbiased reporting” like this makes me glad I have only thought about it.

  • ZA Patriot says:

    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.

  • Eulalie Spamer says:

    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.

  • PJ R says:

    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.

    • Kenneth FAKUDE says:

      The pit toilets will cost more than having a borehole and running toilets, mark my words we have seen it before.

    • Vic Mash says:

      The lives of Palestinian’s are more important than your toiletry needs

      • Ben Harper says:

        How so. What does Palestine do for the average South African? What has Palestine ever done to contribute to the upliftment of South Africans and South African children to be precise? And please don’t give is the tired old apartheid claptrap, it’s boring and nonsense

  • namuma.mulindi says:

    X

  • Richard Blake says:

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

    • Kanu Sukha says:

      I thought you and your ilk that are so outraged … that you would take the initiative to do so ? Sorry … now I remember that only ‘states’ may do so … and I assume you don’t qualify for that status ?

  • Lisbeth Scalabrini says:

    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.

  • Tony Fisher says:

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

  • Kenneth FAKUDE says:

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

    • Con Tester says:

      No, DM’s communal moderation model is sorely deficient, especially when lots of people are commenting. On posting, a commenter is required to moderate at least three comments, but–and this is where things go awry–each comment needs at least three separate approvals, which means that if a commenter moderates only three comments, s/he’s effectively only moderating one because two other commenters are required to do the same.

      Ergo, it’s no wonder that the moderation queue gets gummed up. DM either needs to increase the number of comments each commenter moderates, or relax its criteria for what gets sent to the moderation queue and allow some comments to be approved automatically, as was done in the recent past.

      For now, commenters can and should opt to “Moderate more comments” as a stopgap while DM hopefully gets its act together. When posting, I moderate comments until I get a “No more comments” message in an effort to move things along, and it would help greatly if others did likewise.

    • David Mitchley says:

      Yes, agree that it would be great to get feedback as to why a particular post is rejected

  • Jeff Robinson says:

    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.

  • John Smythe says:

    Ai, Ferial. Really?

  • Laurent Adamson says:

    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.

  • Alan Paterson says:

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

  • dexter m says:

    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 .

  • Modise M says:

    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.

  • J G says:

    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.

    • Ben Harper says:

      The court ruling actually orders Hamas to release all hostages immediately, something the DM Pro Hamas Squad all conveniently overlook, that single part of the order would end the conflict, it’s what Israel’s objective have been all along. Instead the lackeys gloat over nothing as the court has pretty much told Israel to continue doing as you’re doing now and refuse to even mention the one single part of it that offers the possibility of ending the conflict. Does anyone honestly think Hamas will accept the ICJ ruling? Of course they won’t.

  • Ella de Beer says:

    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.

  • Temba Morewa says:

    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?

  • Bryan Macpherson says:

    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.

  • Allan Wolman Wolman says:

    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

  • Brian Doyle says:

    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

  • Stephen Paul says:

    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.

  • dexter m says:

    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.

  • Guy Reid says:

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

  • dexter m says:

    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 ) .

  • raymond schur says:

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

  • Help Me Understand says:

    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.

  • olof.ribbing says:

    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.

  • Tony Gomes says:

    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

  • Middle aged Mike says:

    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 .

  • Derick Strauss says:

    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.

  • Pieter van de Venter says:

    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.

  • Rafique Ismail says:

    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!!

    • Stephen Paul says:

      “HONOURABLE STANCE AGAINST INJUSTICE” = Being baled out of liquidation by Iran. Who else would it be ? I trust D M is on to this miracle with the same journalistic zeal it has shown to portray that S A won a great victory at the ICJ. BTW just a side bar to say, with appropriate shout out to those with sight disabilities, we can read your comment without CAPITALS.

      • Con Tester says:

        Actually, longstanding common Internet protocol dictates that writing in all-caps is the typed equivalent of shouting in someone’s face.

        However, that may well have been the intention, given the message’s contents.

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