US adopts neutral position on SA’s Gaza fight
Publish date: 23 September 2024
Issue Number: 1095
Diary: IBA Legalbrief Africa
Category: International
The US Embassy has adopted a neutral position on SA’s case against Israel at the International Court of Justice (ICJ) after reports the Israeli Government is lobbying its political leaders to exert pressure on Pretoria to drop its legal proceedings in the ICJ over the war in Gaza. Legalbrief reports that the US news site Axios has claimed communication had been intercepted in which Israel's Foreign Ministry was lobbying members of the US Congress to press SA to do so. The Israeli Foreign Ministry asked its diplomats to lobby for hearings about SA’s policy towards Israel in state legislatures and make their diplomatic activity regarding SA as public as possible in the US press and on social media. Asked whether the embassy had any knowledge of the communication, spokesperson for the embassy in SA, Rubani Trimiew, said as a sovereign country, ‘SA makes its own decisions about how to engage with Israel and the international community’. TimesLIVE reports that he said the ICJ plays a vital role in the peaceful settlement of disputes. President Cyril Ramaphosa said no government had approached SA to drop its case at the ICJ. ‘Our case proceeds. Preparations are under way to present what they call the memorial, which I will have an opportunity to go through before it is submitted to the court. We have the privilege, the honour really, of being joined in our case by a number of countries. A number of other countries have raised their hands to say they want to be a part of the case SA has brought,’ he said, adding this has humbled government.
Meanwhile, pressure on SA has taken shape in the US Congress. A Business Day report notes in February, a bipartisan Bill was submitted calling for a full review of that country’s bilateral relationship with SA after the ICJ ruling last year found it was plausible Israel had committed acts of genocide in Gaza. If the Bill is enacted, the US President has 30 days to certify to Congress a determination on whether SA has undermined US national security or foreign policy interests. Ramaphosa has been negotiating for SA to receive an extension of its multibillion-dollar trade agreement with the US. The decision to extend the African Growth and Opportunity Act falls on Congress. Trimiew said that while he could not speak about what Congress may do, Washington had a strong relationship with SA based on the priorities of the American and SA people. ‘Our mutually beneficial economic relationship continues to grow. We remain dedicated to deepening our co-operation and advancing our shared interests with SA, including expanding economic prosperity, combating the climate crisis and ensuring democracy delivers. We are committed to working with the government of the day,’ he said.
Malawi is among 14 countries that have voted against a UN General Assembly resolution demanding Israel complies with the ruling of the UN court and withdraw from the occupied territory of Palestine. The resolution was adopted after it received 124 votes in favour. The Nyasa Times reports that 43 countries abstained and Israel, the US and 12 others voted no. Malawi has strong ties with Israel as the country exports non-skilled labour to work on farms. In addition, Palestinian UN Ambassador Riyad Mansour told the Security Council last month that he planned to introduce the General Assembly resolution this month to enshrine the International Court of Justice (ICJ) case against Israel: ‘We are sick and tired of waiting. The time for waiting is over.' The resolution includes making Israel accountable for any violations of international law.