WHAT WOULD BE THE IMPACT OF SOUTH AFRICA'S CASE AGAINST ISRAEL AT THE INTERNATIONAL COURT OF JUSTICE?#International court of justice
WHAT WOULD BE THE IMPACT OF SOUTH AFRICA'S CASE AGAINST ISRAEL AT THE INTERNATIONAL COURT OF JUSTICE?.
The 11th of January 2024 will be remembered in the history books as day when South Africa took on the murderous Apartheid Israel. South Africa has taken the Apartheid Israel to the International Court of Justice on the charge of Genocide / Ethnic Cleansing committed against the people of Palestine.
This action has attracted the attention of both local and international media and sparked debate on the significance of this action by South Africa. As expected it has attracted debates from many sides with the pro-Israel camp led by the United States of America vs the pro-Palestine camp led by South Africa. In many ways this reminds us of the role the United States of America played in propping up the Apartheid South Africa government and continued to trade with the Apartheid South Africa despite numerous United Nations resolutions condemning the Apartheid South Africa government. In a nutshell none of us should be surprised by the actions of the United States of America.
We have the responsibility to move beyond the fanfare and the hype surrounding the case. It is our duty to dig deeper and ask real questions about the case ,its impact in the geo-political terrain. One of the questions we have to explore and seek answers to is :
Does the International Court of Justice have the teeth and the real powers to enforce its rulings ?
This question becomes important because history is littered with examples of how the powerful countries e.g the United States of America has on each occasion defied the resolutions of the United Nations,which has effectively rendered the United Nations and similar Institutions useless and insignificant. Whenever ,the United States of America does not like or agree with a particular resolution, it simply ignores or defy it knowing very well that the United Nations does not poses the apparatus to enforce its resolutions especially against the powerful countries or those who are backed by the powerful countries.
Could the action by South Africa being about symbolism and a moral act?
Symbolism and moral act in a sense that the case is bringing the attention and spotlight to the Israel and forces the world to focus on the actions of Israel and ultimately opening Israel to scrutiny as they will not be able to explain or justify their murderous acts. The fact that Israel is being brought into a Dock to answer to its actions and try provide justification is a huge symbol that those who perpetrate acts of genocide and ethnic cleansing will be held to account .
The moral act on the side of South Africa is that it stood with the innocent people of Palestine against the bloody thirsty and murderous Apartheid Israel and not only in words but in action. Whether this action is enough is another discussion for another day because I am one of those who have been at the front in calling for South Africa to cut all the ties with the Apartheid Israel and expel the Israel Embassy from South Africa.
In a way of concluding, my take is that the International Court of Justice has no power or institutional force to enforce its rulings. We will do well to understand that law is subordinate to politics e.g just as Apartheid in South Africa was legal .
The example I've just provided is sufficient evidence that politics always triumphs law.
Law is just words written in a piece of paper, it only gains significance through the political power which comes with apparatus to enforce the law.
South Africa has done well on the symbolism front and forcing Israel into a dock to account for its actions!.
By
Teboho Sekhosana
Political and Social Activist
0844361494
sekhosanateboho9@gmail.com
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