Yossi Schwartz ISL (RCIT section in Israel/Occupied Palestine) 10.09.2024
The ICJ asked South Africa to submit its evidence for the genocide of Israel in Gaza by October 28. However, SA asked for an extension of a few more months. In late December, South Africa filed a complaint at the ICJ, charging that Israel had violated the United Nations 1948 convention on the prevention of genocide. It accused Israel of committing genocide during its operations in the Gaza Strip. In January, SA submitted a request for emergency measures and asked the court to order Israel to stop its military actions in Gaza.
In May, the ICJ ordered Israel to stop any military operation in Rafah that destroys the Palestinian people in “whole or in part”. Now we are informed that South Africa is asking to postpone the deadline for which it would have to submit its evidence at the International Court of Justice in the Hague due to a lack of evidence pointing to genocide in Gaza, according to KAN news on Tuesday.
In July 2024, South Africa’s President Cyril Rampahosa outmaneuvered his leading coalition partner – the Democratic Alliance (DA) – over forming a new government while also taking steps to neutralize radical opposition parties demanding the nationalization of white-owned land.
Mr Ramaphosa announced a 32-member cabinet, which saw him keep 20 posts – more than 60% – for his African National Congress (ANC)., He gave the centre-right DA six seats – less than 20% – despite the party demanding 30%, following a power-sharing deal it signed with the ANC after the 29 May election failed to produce an outright winner.
But to boost the DA’s government representation, Mr. Ramaphosa appointed six of the party’s officials as deputy ministers, including in finance, where the ANC’s Enoch Godongwana – respected by both the business sector and the trade unions’ bureaucracy – has remained in charge.
On Monday, Walla reported, citing a classified memo from the Zionist Foreign Ministry, that Israel was seeking the help of US Congress in applying pressure on South Africa to halt proceedings against it.
“Forming what he called a government of national unity, Mr. Ramaphosa also gave the Muslim Al Jama-ah party a deputy ministerial post, presumably a sign that he may intend to continue backing the Palestinians over Israel despite opposition from the DA,” which represents white capitalists. [i]
So, what happened to South Africa is clear. A corrupted government under the pressure of the American imperialists is sabotaging the case against the Zionist monster.
However, under Article 35, paragraph 2 of the Statute, the Court is also open to other States even if not parties to its Statute. This Article provides that the relevant conditions shall, subject to the special provisions contained in treaties in force, be laid down by the Security Council, but in no case shall such conditions place the parties in a position of inequality before the Court.
The conditions applicable in such instances are currently set out in Resolution 9 (1946) adopted on 15 October 1946 by the Security, which stipulates that, in order to have access to the Court, a State not party to the Statute must previously have deposited in the Registry of the Court a declaration by which it accepts the Court’s jurisdiction, by the Charter of the United Nations and subject to the conditions of the Statute and Rules of Court, and undertakes to comply in good faith with the decision or decisions of the Court and to accept all the obligations of a Member of the United Nations under Article 94 of the Charter. Resolution 9 further states that such a declaration may be either particular (and relate to a dispute or disputes which have already arisen) or general (and relate to all disputes or to one or several classes of disputes which have already arisen or which may arise in the future).
In the past, particular declarations have been filed by Albania (1947) and Italy (1953), and general declarations by Cambodia (1952), Ceylon (1952), the Federal Republic of Germany (1955, 1956, 1961, 1965 and 1971), Finland (1953 and 1954), Italy (1955), Japan (1951), Laos (1952) and the Republic of Viet Nam (1952).
In any case, we do not trust the ICJ or the ICC, as they are instruments of imperialism. We trust only the advanced layers of the working class, who lead the masses under the leadership of revolutionary parties.
Down with the Zionist monster!
Israel is out of Gaza now!
Exchange All for All!
Palestine, red and free from the river to the sea!
Endnotes:
[i] https://www.bbc.com/news/articles/cxw28xxy14eo