South Africa’s ICJ case against Israel: a costly distraction from domestic crises

Kenneth Mokgatlhe

Kenneth Mokgatlhe

Published Nov 4, 2024

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South Africa’s ongoing case against Israel at the UN’s International Court of Justice (ICJ) has proven to be an expensive exercise, unlikely to produce any viable political solution to the longstanding conflict between Israel and Palestine.

Minister of Justice and Constitutional Development, Ronald Lamola, disclosed that his department spent R1.94 million on travel, accommodation, and subsistence for officials handling the case.

The millions being spent on this legal dispute yield no meaningful returns, as the complexities of the Israel-Palestine conflict will never be fully resolved in a court of law.

South African lawmakers would be better served by studying the conflict’s deep-seated history to understand how to support lasting peace rather than addressing only the visible symptoms.

Meanwhile, South Africa faces grave challenges that deserve immediate attention. Despite being one of the world’s most unequal societies, where over 1 770 schools still use deadly pit toilets, the government channels significant resources into this distant legal battle.

Statistics from the South African Police Service (SAPS) and Stats SA reveal that approximately 22 000 South Africans were murdered within the country last year alone — a figure that exceeds many reported casualties in war-torn regions and underscores the urgent need for domestic solutions.

In addition to the violent crime crisis, malnutrition poses an equally silent yet devastating epidemic in South Africa. The Department of Health estimates that of the 15 000 children diagnosed with acute malnutrition annually, 1 000 tragically die due to lack of adequate intervention.

A 2022 study reported 10 000 child deaths each year linked directly to malnutrition. It is disheartening to see South Africa prioritising international conflicts over the well-being of its children, who suffer from preventable issues that could be alleviated with effective social programs.

While global concern over escalating violence in the Middle East is understandable, most nations prioritise the well-being of their citizens before intervening in international disputes.

Yet South Africa appears to do the opposite, favouring foreign causes over domestic needs and effectively treating its citizens as second-class. The government’s support of Hamas — a group internationally recognized as a terrorist organisation — casts doubt on its impartiality, raising concerns that it may be acting as a legal shield for external influences like Iran, which seek to achieve their aims through South Africa.

South Africa’s evident bias, where government officials quietly condone attacks by Hamas or Hezbollah against Israel, highlights an unbalanced stance.

Ironically, they also mobilise top legal experts to pursue recourse against Israel for defending its citizens after over 1 200 were killed, 251 abducted, and daily missile assaults persisted. Any responsible nation would respond in kind to protect its people and territory from terror threats.

South Africa has missed countless opportunities to facilitate constructive dialogue in the Israel-Palestine conflict. The legal route is a misstep, failing to address the underlying issues and perpetuating division.

Rather than choosing sides, South Africa should advocate for an approach that brings both parties to the negotiation table to forge a path to peace, refraining from further fuelling the fires of war.

Mokgatlhe is a political analyst, researcher and columnist.

The Star