South Africa’s 29 December 2023 brief to the International Court of Justice (ICJ) to urgently restrain Israel’s human rights and humanitarian abuses prompted former Israeli peace negotiator Daniel Levy to assert in a 17 January 2024 essay in the New York Times that “South Africa may have already done more to change the course of events (in that conflict) than three months of American hand-wringing”.
The nearly unanimous ruling on 26 January 2024 in South Africa’s favour, in which the ICJ endorsed the allegation that Israel was “plausibly” committing genocide in Gaza and granted most of South Africa’s proposed restrictions, validates Levy’s point.
But on a key South African request for the ICJ to call for an immediate ceasefire, the court majority prudently decided to defer to government diplomacy. To do otherwise risked a split decision and was non-enforceable.
But productive diplomacy requires partners willing and able to engage both antagonists in any conflict. This article assumes that South Africa has access to and influence with Hamas leaders, much as the US has access and influence in Israel, despite major differences in power and resources among the four.
Since the presentations by South Africa and Israel at the ICJ on 11 and 12 January, the US administration of President Joe Biden has moved closer to South Africa, despite objections from Israeli leaders.
Recall that a day before the start of ICJ proceedings in this case, US Department of State spokesperson Matthew Miller declared that South Africa’s allegations that Israel is committing genocide are unfounded.
US Secretary of State Antony Blinken, who was visiting Israel that week, called South Africa’s genocide charges meritless, echoing White House spokesperson John Kirby, who had also branded the charges “meritless”.
On 25 January, however, Miller issued a more positive statement summarising a call between Blinken and South Africa’s international relations and cooperation minister, Dr Naledi Pandor, just before her departure for the Hague and the announcement of the initial ICJ findings in which they discussed the conflict in Gaza.
Topics discussed, he said, included “the need to protect civilian lives, ensure sustained humanitarian assistance to Palestinian civilians, and work toward lasting regional peace that ensures Israel’s security and advances the establishment of an independent Palestinian state”.
They also “reaffirmed the importance of the US-South Africa partnership and cooperation on shared priorities, including health, trade and energy”.
Implicit, of course, is that these shared priorities will also be essential for the reconstruction and sustainable development of an independent Palestine which are in all cases impossible in the absence of peace, security and respect for basic human rights. Immediately, no progress is possible without a ceasefire and the immediate provision of massive humanitarian assistance to alleviate the catastrophic conditions among civilians in Gaza.
Read more in Daily Maverick: Israel-Palestine War
In short, South Africa and the US must each simultaneously and in close consultation try to find a modicum of common ground between the Hamas leadership and the government of Benjamin Netanyahu in Israel to enable a ceasefire and the release of hostages.
They can also coordinate appeals to other countries to avoid actions that could escalate regional tensions. Otherwise, the paramount urgency to alleviate the humanitarian crisis, which the principals in this war appear willing to tolerate, will not be addressed.
Adding to the diplomatic urgency, South Africa and the US will have difficult national elections this year that might result in major leadership changes. South Africa’s President Cyril Ramaphosa has been widely acclaimed by his voters for the case against Israel. Biden, according to a recent New York Times/Siena College poll, is disapproved of by 57% of voters and most strongly by 72% of broadly pro-Palestinian young voters considered vital to his re-election.
For all the reasons above, a new US-led diplomatic effort, in concert with Egypt and Qatar and no doubt helped by the ICJ ruling in favour of South Africa’s complaint against Israel, offers some hope that a deal between Hamas and Israel may finally succeed.
If so, Israel would suspend, for about two months, its war in Gaza that has already killed and injured tens of thousands of Palestinians. Hamas would release the hostages, numbering more than 100 and who have become a huge domestic issue in Israel.
Leading this diplomatic initiative is William J Burns, a former US ambassador to Jordan and Russia, the first career diplomat to be directly promoted to deputy secretary of state in the Obama administration, author of an insightful book on diplomacy, and currently Biden’s head of the US Central Intelligence Agency.
To succeed there need to be parallel diplomatic pressures on the two sides. The role of Egypt, which has full diplomatic relations with Israel and Qatar and is close to Hamas, is important. Preliminary negotiations between Israel and Hamas are making progress, despite credible accusations by Israel’s government that employees of the United Nations Relief and Works Agency were complicit in Hamas’s 7 October 2023 attack that killed 1,200 Israeli civilians. Another reminder of the lack of confidence, much less trust, between the two sides in this dispute.
Judging from the many positive reactions to the nearly unanimous findings of the World Court, South Africa has unique trust and confidence as a true friend of the Palestinian people and a history of positive relations with Hamas.
Biden personally visited Israel in the aftermath of the 7 October attack and this appears to have won the lasting confidence of the Israeli public, even if relations with the Netanyahu government recently have become strained.
The bilateral partnership between the Biden and Ramaphosa administrations remains solid despite factional disputes in both democracies. The degree to which South Africa and America coordinate their efforts now to help secure an urgent ceasefire and massive resumption of humanitarian assistance in exchange for the release of the hostages will be a huge accomplishment.
The hard work of diplomacy to promote conditions in the region conducive to the emergence of new and pragmatic leaders of a sovereign state of Palestine and Israel will take time.
But for now, the case that South Africa brought to the World Court was a welcome reminder of our common humanity. DM
Become an Insider
The Americans will undoubtedly punish South Africa for this sheer folly. Actually South Africa lost the case – no ceasefire = no genocide. The rest of the article is such unadulterated drivel that it’s hard to believe anyone printed it. Next stop for the daily maverick will be printing kiddies comics
Drivel indeed! SA diplomacy on humanitarian grounds has no credibility in the US.
Of course … ” no credibility in the US ” (described as the greatest terrorist state in world by Prof Chomsky) … that bastion of ‘democracy’ where elections get ‘stolen’, is the only index/measure of what is important in this world ! Especially in the occupied minds of its supporters. Mind the drivel you promote . The US with its ‘western’ proxies represent no more than 10% of the world population.
If so, why did Netanyahu reject the court’s ruling?
“……ruling in favour of South Africa….” Nonsense – SA lost badly. And the negative results of their hugely expensive effort are yet to manifest. – US Congressman John James has already made a speech containing heavy criticism of RSA.
It does not help to continue quoting American imbeciles … who continue their hubristic thinking that they ‘own’ the world, because they are a military superpower . All ’empires’ come to an end … one time or another . Just ask the present Indian prince running Britain, which once sported the title ‘great’ ! In my lifetime I have seen America leaving with its tail between its legs in Vietnam, Iraq and recently Afghanistan … to name just a few !
No ceasefire does not mean no Genocide. I suggest you read the court ruling.
Time to retire Prof
Thank you Prof Stremlau for an insightful article. Respectfully disagree that the US Admin & SA cooperate to “try to find a modicum of common ground between the Hamas leadership and the government of Benjamin Netanyahu”. Why, because Bibi is the problem, along with his cabinet of ultra rightwing extremists. They’re not committed to a peaceful solution, never have been. Bibi and his “illegal settler advocates” have to go and soon!
Article 13 of the Hamas charter prevents them from ever reaching a peaceful agreement with Israel or any Western power. Either Hamas goes, or they change their Charter… there can be no other way.
…. from the ‘covenant of hamas’
‘The Day of Judgment will not come about until Moslems fight Jews and
kill them. Then, the Jews will hide behind rocks and trees, and the
rocks and trees will cry out: ‘O Moslem, there is a Jew hiding behind
me, come and kill him.’ (Article 7)
What did our own apartheid era ‘covenant’ say please ?
They have already modified their original charter however it still has a long way to go. Even if Hamas is destroyed it only means that a new grouping will arise unless and until an equitable and fair solution is reached through compromise on both sides.
The ICJ provided an interim ruling (judicial advisory). No acts of genocide were found or ruled on. The interim ruling – the advisory – provided principals that the Israeli IDF and government have already practised throughout the conflict since 7th October. The ICJ has not demanded (ruled) that the conflict (the legal war) must end. As the ICJ has agreed that under international law Isreal has the right to self-defence. No war has ever resulted in civilians not being killed – its is one of the many unavoidable horrors of war. War is declared at the point in which diplomatic solutions fail. Palestinians themselves have failed over and over again to engage diplomatically. Instead, Palestinians under PLO leadership, rather turned to violence to resolve issues they were not willing to engage diplomatically. Arafat walked away from Oslo 1 & 2 – which did take into account Palestinian demands. In 2005 Gaza was set aside and financed externally for the creation of a solely Palestinian territory. However, that followed Hamas (an internationally recognised terrorist group) taking power within Gaza and then installing the military means to attack Israel. That show of aggression resulted in Israel blockading Gaza as it sort to reduce the flow of weapons into Gaza. I place the blame for this war squarely at the feet of the Palestinian people – as they enable and supported Hamas.
“No war has ever resulted in civilians not being killed”
Thats your take is it? Casualties happen. Do you feel the same way about the 1200 Israeli’s killed by Hamas?
I’ve never known so many pro Israel’s to have so little empathy, especially considering what happened to your people.
What does plausibly actually mean …. it could be said of any country about near much anything and in the case of plausible genocide by Israel highly unlikely. Ellements within, rogue elements by a group of individuals, of course different.
In the case of Hamas it is policy to kill the Jew, destroy Israel….very different.
That the ICJ sought compromise, taking cognisance of the Judges’ home countries views makes a mockery of legal judgements especially as cannot apply to terrorist elements that are not countries.
Have you considered becoming a Professor .. at the University of Nkandla ? They are so desperate for staff … you would meet … nay far exceed their criteria .
Clearly hit a nerve there, Prof! Despite numerous spurious allegations of the USA “punishing SA” (for the Lady R, BRICS+, and now ICJ case), in actual fact the USA has drawn closer to SA diplomatically. Obviously, South Africa still remains strategic for the USA in Africa, despite the Afro-pessimistic desire of the naysayers.
‘a history of positive relations with Hamas’.
You seem rather cheerful about this. Why who wouldn’t want positive relations with a marauding gang of murderous terrorists. Ahh, all is well in this man’s world.
Sounds like you are referring to American Gangs who terrorized Iraq, Afghanistan, etc., and Zionist Gangs who continue to terrorize Palestinians. If “The West” determines that someone or a group are terrorists, then they are???
I don’t know what the D M is smoking but this is another article which purports to show the ICJ ruled in favour of South Africa. It does this as did the one from Ferial Haffajee by the device of giving more emphasis to the court requesting Israel to be more careful (sic ?) and de-emphasizing the actual central Ceasefire tenet of the case for which the court ruled against South Africa. The court also in effect gave South Africa a klap by pointedly demanding release of all the hostages which was not even part of Pandor’s box. The rest of the article about diplomatic initiatives has really got nothing to do with the ICJ and everything to do with Israel’s war against Hamas/Iran and Iran proxy groups. Nothing that has not been repeated a thousand times. Does “peace,security and basic human rights” remind anyone of the Hamas Charter.? Does “appeals to other countries (i.e. Iran) to avoid actions that could escalate regional tensions” have any relation to Iranian foreign policy or it’s humanitarian concerns ? Does the last sentence mean that Israel does not share in “our common humanity” ?
In fact this cloudkookooland article is at times so naive and simplistic that with all due respect it baffles me to believe it was written by the highly regarded, much respected and admired Honourary Professor in International Relations.
Why don’t the people of Gaza take to the streets (in numbers like their supporters I capitals of the world) to demonstrate and DEMAND from their government, Hamas, to release the hostages. That would stope their suffering?????
This is not a topic on which anyone can win – the opinions are just too polarised. But some facts need to be recognised. The ICJ judges (except the Ugandan, who doesn’t believe in the international court’s role, so doesn’t count!) directed unanimously that:
“The State of Israel shall take all measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip.”
In support of this directive, they specifically cited (and did NOT question the veracity of) the statements of Israel’s President, Prime Minister and Defence Minister which SA submitted as evidence. Even Israeli former Chief Justice Aharon Barak, the ad hoc judge nominated to the ICJ panel by Israel, supported this particular order. And the President of the Court is a conservative American appointed by the Republicans. Not your usual band of banner-waving lefties then!
So any thought that somehow Israel “won” is delusional – unless you’re of the view that having those three leaders out of office and charged with the crime of incitement to genocide is a “win” for Israel, which it probably would be, but that’s another issue.
Have a novel idea: the Palestinian authority, Hamas and the UNRWA hand over ALL of the barbarians who committed acts like raping a woman while stabbing her repeatedly and all of those barbarians who enabled it, to Israel for trial and imprisonment. You do not negotiate with the barbarian – you keep him away from the gate. Once the barbarians have been removed from the equation, then one can say there is a playing field where there are actual humans hoping to come to a humane and equatable agreement. The result of 3 000 years of “religion”, “civilisation”, “education” and”humanity” passed on to some Hamas members is apparently to discharge a gun up a woman’s vagina. This is not Israel’s fault. This is the barbarian being allowed to run riot. And no civilised nation should even think of negotiating with that kind of barbarian. I do not want South African politicians, who are paid for with my tax money, posturing about what good humanitarians they are all the while doing some back scratching with these barbarians to get them a free pass.
The ANC government is far too quiet about those crimes, but then, this is the party that allows women to be bodily removed from from Parliament by male goons, so we cannot have high expectations of this government. As for CR’s support from voters – the only support he gets is as long as taxpayers fund those voting for him.
Caught on the propaganda hook, are you? Even quoting events that Israelis have denied occurred. An Israel Channel 13 Panel, which included Rosenfeld (long time Israeli Police Spokesman), acknowledged that lurid stories were invented to increase the magnitude of hatred for Hamas.