Scoop: Israel asks Congress to press South Africa to drop ICJ genocide case
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The International Court of Justice (ICJ) in the Hague, the Netherlands on May 17, 2024. Photo: Selman Aksunger/Anadolu via Getty Images
Israel is lobbying members of Congress to press South Africa to drop its legal proceedings in the International Court of Justice (ICJ) over the war in Gaza, according to an Israeli foreign ministry cable obtained by Axios.
Why it matters: South Africa has until Oct. 28 to give the top UN court its arguments for continuing the case against Israel over alleged violations of the Genocide Convention during the war in Gaza.
- Israeli officials say they want members of Congress to make clear to South Africa that there will be consequences for continuing to pursue the case.
- Israel hopes the new coalition government in South Africa will take a different approach to Israel and the war in Gaza, the officials said.
The latest: South Africa will file its memorial to the ICJ in October and "intends to provide facts and evidence to prove that Israel is committing the crime of genocide in Palestine," the South African Presidency said in a statement on Tuesday.
- "This case will continue until the court makes a finding. While the case is in progress, we hope that Israel will abide by the court's provisional orders issued to date," the statement continued.
Catch up quick: South Africa in late December filed a case at the ICJ accusing Israel of violating its obligations under the 1948 Genocide Convention.
- It alleged Israel's actions "are genocidal in character because they are intended to bring about the destruction of a substantial part" of the Palestinian population in Gaza. Israel has rejected the accusations.
- Since then, the court held several hearings and issued provisional orders, most recently in May when it called on Israel to stop its military operation in the southern Gaza city of Rafah.
- The court hasn't yet started to substantially discuss South Africa's accusations of genocide but is expected to in the coming months.
Behind the scenes: Israeli officials said the Israeli foreign ministry started a diplomatic campaign in recent weeks to press South Africa not to push forward with the case at the ICJ. The U.S. congress is a main tool in the effort.
- On Monday, the Israeli foreign ministry sent a classified cable to the Israeli embassy in Washington, DC and to all Israeli consulates in the U.S. about South Africa's ICJ case.
- "We are asking you to immediately work with lawmakers on the federal and state level, with governors and Jewish organizations to put pressure on South Africa to change its policy towards Israel and to make clear that continuing their current actions like supporting Hamas and pushing anti-Israeli moves in international courts will come with a heavy price," the cable read.
Zoom in: The Israeli diplomats were instructed to ask members of Congress to issue public statements condemning South Africa's actions against Israel and threaten that it could lead to suspending U.S. trade relations with South Africa. That's unlikely to happen because the U.S. wants to maintain its relationship with South Africa in order to counter the influence of Russia and China.
- The Israeli diplomats were also instructed to ask members of Congress and Jewish organizations in the U.S. to reach out directly to South African diplomats in the U.S. and make clear South Africa would pay a heavy price if it doesn't change its policy.
- Another path the Israeli diplomats were instructed to pursue was pushing legislation against South Africa on the state and federal levels "that even if they won't materialize, presenting them and talking about them will be important" in trying to influence South African policy.
- The Israeli foreign ministry asked Israeli diplomats to lobby for hearings about South Africa's policy towards Israel in state legislatures.
- The Israeli diplomats were also instructed to make their diplomatic activity regarding South Africa as public as possible in the U.S. press and on social media.
- The Israeli foreign ministry declined to comment. The South African embassy in Washington, DC didn't respond to a request for comment.
The big picture: Last June, a new unprecedented multiparty coalition government was formed in South Africa after the ruling ANC party lost the majority it had held for 30 years.
- According to the cable, Israeli diplomats were instructed to emphasize the message that the ANC has a chance to change course as part of the new government and pursue dialogue with Israel "instead of boycotts and punishments."
Editor's note: This story has been updated with the statement issued from the South African Presidency on Tuesday.
