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Daily News Analysis

Self-inserted weaknesses in South Africa’s presentation to the ICJ

Imran Khan

Inside view of the International Court of Justice in The Hague

In a previous article, South Africa’s referral of Israel to the International Criminal Court (ICC) was analyzed.

This was followed by analysis of its submission against Israel for genocide to the International Court of Justice (ICJ).

The D-day arrived on January 11.

Notwithstanding this, Israel has been bombing Palestine while the hearings are underway.

Israeli arrogance knows no limits and it obeys no law!

Perhaps, they are confident that the court is toothless because it has no enforcement mechanism at its disposal.

Even though the world holds out much hope, it is fairly evident that justice will not come through these institutions.

In its submission, South Africa has accused Israel of genocide. Rightly so!

Israel is committing genocide in Palestine!

This is self-evident and a foregone conclusion for billions of people worldwide.

Let us, however, look at some of South Africa’s problematic positions.

In its 84-page submission to the ICJ, South Africa includes the following highly problematic statements:

1: In the Introduction on page 1, “South Africa unequivocally condemns all violations of international law by all parties, including the direct targeting of Israeli civilians and other nationals and hostage-taking by Hamas and other Palestinian armed groups.”

2: On page 6 and 7, “On 10 November 2023, the Director-General of South Africa’s Department of International Relations and Cooperation (“DIRCO”), conducted a formal diplomatic démarche of the Ambassador of the State of Israel to South Africa, advising him that while SA “condemned the attacks on civilians by Hamas” which “should be investigated for war crimes”, “the response by Israel was unlawful”, and that South Africa “wants the ICC to investigate the leadership of Israel” for crimes including genocide.”

3: On page 28, Israel’s military assault on Gaza and its heightened military campaign in the West Bank were launched in response to an attack in Israel on October 7, 2023 (dubbed ‘Operation Al Aqsa Flood’) by two Palestinian armed groups – the military wing of Hamas (the ‘Izz ad-Din al-Qassam Brigades’) and Palestinian Islamic Jihad.

In the earlier hearing, Vusi Madonsela, Ambassador Extraordinary Plenipotentiary of South Africa to The Netherlands, spoke about the Nakba in/after 1948.

There was no mention of at least 11 massacres by Israel preceding 1948.

Minister of Justice Ronald Lamola condemned Hamas.

Senior Counsel John Dugard said “the people of South Africa and the people of Israel have a history of suffering.”

He continued, “South Africa watched with horror as Israel responded to terrible atrocities committed against its people on October 7, that resulted in indiscriminate killings of Palestinians...”

Vaughan Lowe said “South Africa is considering what it should do against other actors but it cannot approach the ICJ for such an order because Hamas is not a state.”

Indeed, the evidence of Israel’s genocide, which speaks for itself, was well presented.

Yet, one cannot but wonder how much the above weakens the case of genocide against Israel!

The ANC has repeatedly condemned Hamas and called for a two-state solution based on 1967 borders.

This means that South Africa proposes a solution in which the zionists usurp 78% of Palestine.

With the exception of the Islamic Republic of Iran, BRICS+ has also consistently resolved that there must be a two-state solution based on 1967 borders as has the United Nations.

Considering the above, it appears that the role of South Africa is to condemn armed resistance and disarm the Islamic Resistance in order to proceed with negotiations to secure a two-state solution.

This gives credence to “the Mandela myth” and why Mandela was idolized and iconized by the imperialists and zionists alike.

They tried to present Yasser Arafat in similar fashion but the Palestinians would not succumb and refused to surrender to the Oslo Process.

The secular Palestinian Authority (PA) has since become completely irrelevant and South Africa is trying to give it a lifeline and revive negotiations i.e. going back to begging for crumbs.

For that reason, the made-for-camera PA activists have been posting videos of people dancing around the 3-meter statue of Mandela in Ramallah, in the West Bank and thanking South Africa.

The PA is thanking South Africa for condemning Islamic Hamas and opening the door for them to be prosecuted and eventually excluded so that it (the PA) can regain relevance and restart the process of begging for some concessions (crumbs) from the occupiers.

One last matter must be mentioned…

The clergy-class in South Africa (not to be confused with the ulama’) have been conspicuously silent about the repeated condemnation of Hamas by the ANC and the South African government.

They have not given up on their sectarian trouble-making.

It appears that their sectarian blindness has rendered them willing to sacrifice the Mujahideen in Palestine.

Are they waiting for Hamas to be in jail or annihilated because they know that the Islamic Republic of Iran is the power behind them so that they can come out and say “didn’t we tell you, never trust the Shi‘as? Only Hamas the Sunnis are suffering/condemned?! Do you see Hizbullah being condemned? Do you see Ansarullah being condemned? Do you see Palestinian Islamic Jihad being condemned? Only Sunni Hamas are paying the price! They were betrayed by the Shi‘as.”

It is against such intrigue that the Islamic Movement must be vigilant.

We have no doubt that victory is coming.

The Islamic Resistance will overcome, insha’Allah.

Hizbullah liberated South Lebanon without a single march in the world nor any of these approaches to international institutions. Ansarullah did the same for most of Yemen as did the Mujahideen in Afghanistan.

Any seasoned analyst is invited to do the comparison and they will realize that the world barely heard about Hizbullah and Ansarullah yet they were victorious.

Their victory came because of trust in Allah and armed resistance.

As the world looks to the ICJ, January 12 will go down in history as the day of the Israeli liars.

They are master liars and deceivers!

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