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By Cornelia Le Roux

Digital Deputy News Editor


‘Grossly unfounded’: US Congress gear up to oppose SA’s ICJ case against Israel

Ahead of the ICJ provisional ruling on Friday, US legislators urged the superpower to denounce South Africa's genocide case against Israel.


A group of United States (US) legislators has called upon Secretary of State Antony Blinken to denounce South Africa’s genocide case at the International Court of Justice (ICJ) against Israel.

In an open letter dated 23 January, 210 members of the US Congress from both parties, accused South Africa of attempting to delegitimise Israel through its “grossly unfounded case”, dismissing the legal action as a “meritless attraction”.

US govt urged to take action in ICJ genocide case

The bipartisan group ultimately want the US government to encourage its allies to speak up at international forums such as the United Nations (UN) to denounce South Africa’s “unfounded attack on Israel”.

This as South Africa is expecting the provisional ICJ ruling on its genocide charges against Israel as soon as Friday with News24 reporting that a governmental delegation has already touched down in Den Hague.

Israel makes statements in South Africa's genocide case at the ICJ
From left: John Dugard, professor of International Law, lawyers Tembeka Ngcukaitobi and Adila Hassim, sit ahead of the hearing of the genocide case against Israel brought by South Africa, at the International Court of Justice (ICJ) in The Hague, The Netherlands, on 12 January 2024. Photo: EPA-EFE/ Remko de Waal

Immediate ceasefire request

As emergency measures, South Africa has requested an immediate ceasefire in Gaza. Reportedly more than 25 000 Palestinians has been killed om the four-month-long Israel-Hamas war.

Israel’s military response was triggered by an unprecedented attack by Hamas on Israel on 7 October last year during which the Palestinian terrorist organisation killed around 1 200 civilians and took 240 people hostage. 

ICJ could take years to reach final decision

The court, however, could take years to deliver its final verdict on whether or not Israel has violated the 1948 Genocide Convention through its military assault on Gaza

ALSO READ: ICJ yet to hand down judgment in SA Gaza genocide case against Israel

Letter to Blinken: ‘False and dangerous allegations’

The letter sent to Blinken was initiated by Republican representative Chris Smith: 146 of the 210 representatives who signed the document are Republicans and 64 Democrats. 

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

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

ICJ genocide case: ‘Attempts to demonise the Jewish state’

“South Africa’s accusation of genocide against Israel exposes how far Israel’s enemies will go in their attempts to demonise the Jewish state.

“While barely acknowledging the Hamas terrorists who gleefully massacred, mutilated, raped, and kidnapped innocent civilians on 7 October, South Africa makes grossly unfounded and defamatory charges against Israel on the world stage, abusing the judicial process in order to delegitimise the democratic State of Israel. 

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

Since the ICJ’s public hearings started at the Peace Palace in The Hague on 11 January, Germany and the United Kingdom (UK) have come out in support of Israel.

SA vs Israel: Impact on bilateral relations with Western partners?

As the world awaits the ICJ’s decision with bated breath, the strong opinion expressed by the group of US legislators might point to the case against Israel serving as a litmus test for the country’s bilateral relations with the West.

This year, the US Congress will be voting on whether or not to renew the Africa Growth and Opportunity Act (Agoa) after Democrat Senator and political strongman Chris Coons requested a review of South Africa’s continued participation.

ALSO READ: SA welcomes support for ICJ case against Israel’s Gaza genocide attack

SA ‘acting as emissary of Hamas’

The Times of Israel previously reported on Israel’s rejection of the accusations of genocide as baseless, saying South Africa was acting as an emissary of Hamas.

It further stated in its defence that the the Israel Defense Forces (IDF) is targeting Hamas terrorists, not Palestinian civilians, but that civilian casualties in the fighting are unavoidable as terrorists operate from within the population.

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