Pretoria believes ICJ will deliver riposte to US legislators who expressed ‘disgust’ at SA’s case against Israel

The South African government believes the International Court of Justice’s ruling on Friday will deliver the right riposte to 210 US legislators who expressed “disgust” this week at South Africa accusing Israel of genocide before the court.

It announced on Thursday that International Relations and Cooperation Minister Naledi Pandor would be heading a South African delegation to The Hague to hear the court’s decision on whether it will order Israel to take provisional measures such as a ceasefire to halt the killing in Gaza.

The 210 legislators from the US House of Representatives – 146 Republicans and 64 Democrats – asked US Secretary of State Antony Blinken to denounce South Africa for bringing the “ grossly unfounded case against Israel… accusing Israel of genocide and asking the court to order Israel to immediately halt its military efforts in Gaza.

“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’”.

Clayson Monyela, spokesperson for the Department of International Relations and Cooperation (Dirco), responded: “The court outcome on Friday will be a response to these lawmakers. 

“Why would lawmakers feel ‘disgust’ at South Africa using legal means and a judicial process to decide a contentious issue? Are the US lawmakers indirectly expressing their own disdain for legal processes?”

Read more in Daily Maverick: South Africa expects ICJ judgment on Gaza emergency measures on Friday 

The ICJ said on Wednesday it would announce its response on Friday to South Africa’s request for the court to order provisional measures, mainly an immediate ceasefire by Israel in Gaza as well as greater humanitarian access to the embattled territory.

The court will announce its decision at 2pm South African time.



Any measures the court orders will be  provisional pending until its final determination on whether Israel is committing genocide in Gaza in violation of the 1948 Geneva Conventions, to which both Israel and South Africa are signatories. This final determination could take a year or more, so provisional measures are designed to preserve the situation in the meantime. 

Monyela also said: “The International Court of Justice (ICJ) has announced that it will deliver its order on Friday, 26 January 2024 on the request for the indication of provisional measures submitted by South Africa in a genocide case against Israel.”

Pandor would attend, representing South Africa. 

Read more in Daily Maverick: South Africa’s divisive ICJ case against Israel has already critically altered its foreign policy space

Read more in Daily Maverick: SA’s ICJ action — the critical problem of a populist foreign policy

Read more in Daily Maverick: Israel-Palestine War

“On 29 December 2023, South Africa filed a lawsuit with the ICJ requesting an injunction against Israel on the grounds that Israel’s attacks on Gaza violate the Genocide Convention.

“South Africa is requesting that the ICJ grant interim injunctions, including that Israel immediately cease its military operations in Gaza, take reasonable measures to prevent the genocide of Palestinians, ensure that the displaced return to their homes and have access to humanitarian assistance, including adequate food, water, fuel, medical and hygiene supplies, shelter and clothing, take necessary steps to punish those involved in the genocide and preserve the evidence of genocide.” DM

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