South Africa set to take Israel to ICJ in landmark genocide case
The statue of late South African President Nelson Mandela stands in Ramallah on the eve of South Africa's "genocide" case against Israel goes to the International Court of Justice, Jan. 10, 2024. (AFP Photo)


South Africa will take diplomatic center stage as it takes Israel to the U.N.'s top court on a landmark case over "genocide" in Gaza.

Pretoria is sending some of its top lawyers to The Hague for a legal showdown at the International Court of Justice (ICJ) where it is seeking to compel Israel to halt its military operations in Gaza.

"They are an A-team," said Cathleen Powell, an international law professor at the University of Cape Town.

"They combine people with expertise in international law with people who are particularly good at arguing cases before court."

It is South Africa's first application to the ICJ in a move that analysts say was influenced by historical and political reasons.

The ruling African National Congress (ANC) has long been a firm supporter of the Palestinian cause, often linking it to its own struggle against the white-minority government, which had cooperative relations with Israel.

Anti-apartheid icon Nelson Mandela famously said South Africa's freedom would be "incomplete without the freedom of the Palestinians."

Addressing ANC supporters this week, President Cyril Ramaphosa said Mandela's teachings inspired the legal action, describing the case as a "matter of principle".

"The people of Palestine today are being bombed, they are being killed," he said.

"We were duty-bound to stand up and support the Palestinians."

Legal 'A-team'

Its legal team includes John Dugard, a former U.N. special rapporteur on human rights in the occupied Palestinian territories and an associate at leading international law firm Doughty Street Chambers, which also counts Amal Clooney among its members.

Seasoned litigator Tembeka Ngcukaitobi, who has dealt with politically thorny domestic cases, including the jailing of former president Jacob Zuma, is also part of the team.

In an 84-page submission, the lawyers urged judges to order Israel to "immediately suspend its military operations" in Gaza, alleging Israel "has engaged in, is engaging in, and risks further engaging in genocidal acts."

Legal commentators have noted the application is tightly argued and thoroughly referenced.

Israel has angrily hit back, with government spokesman Eylon Levy calling the case an "absurd blood libel."

It has chosen British lawyer Malcolm Shaw to represent it at the ICJ.

Shaw is considered one of the world's leading experts on international law and has appeared before the ICJ in the past, according to Israeli daily Haaretz.

Throughout his career, Shaw has "developed an international reputation for advising on territorial disputes; law of the sea; state succession; state immunity; recognition of foreign governments and states; human rights; self-determination, international arbitration and international organizations," according to his profile on Essex Court Chambers.

He has also advised various governments, including the U.K., Ukraine, United Arab Emirates (UAE), Serbia and others.

Apart from the ICJ, Shaw has previously been involved in cases at the European Court of Human Rights, the European Court of Justice, and other top courts around the world.

Shaw is reported to be one of the four lawyers to represent Israel at the ICJ hearings, but names and details of the other legal experts are yet to be announced.

Israel has killed over 23,000 Palestinians in Gaza, in its response to the Oct. 7 Hamas incursion. It has reduced large parts of the Gaza Strip to rubble with its bombing campaign.

ICJ hearings start Thursday and a decision is expected in a matter of weeks.

While its decisions are binding, the ICJ has no way of enforcing them and they are sometimes completely ignored.