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Lawfare amplified: Ireland at ICJ, SA grants immunity
Global pressure on Israel for its conduct of the war on Hamas after 7 October is mounting. Ireland has become the latest country to join South Africa’s case accusing Israel of “genocide” against the Palestinians at the International Court of Justice (ICJ). It joins Bolivia, Chile, Colombia, Libya, the Maldives, Mexico, Nicaragua, Spain, Turkey, and “the State of Palestine”.
Also in the field of lawfare, South Africa has granted diplomatic immunity to all staff of the International Criminal Court (ICC), which has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for alleged war crimes. The timing of South Africa’s announcement sought to pre-empt the vote by the United States (US) House of Representatives on 9 January to sanction ICC staff for going after the Israeli leaders.
“Ireland has joined South Africa’s case against Israel before the International Court of Justice, not as a party but to provide a legal interpretation of the Genocide Convention,” said Mark Oppenheimer, advocate at the Johannesburg bar. “It argues that the intent required to prove genocide – traditionally understood as the subjective intent to destroy, in whole or in part, a national, ethnic, racial or religious group – should also include recklessness or negligence. In a case where a reasonable person would have foreseen that genocide is the natural and probable consequence of the acts of the perpetrator, the intent requirement would be met.
“Ireland also argues that it should not be necessary to show a specific plan to commit genocide. Instead, a pattern of conduct should suffice. Moreover, while the standard test requires that genocide be the only reasonable conclusion drawn from a state’s conduct, Ireland proposes that it should merely be one reasonable conclusion among many. It further contends that a state could simultaneously act in self-defence and harbour genocidal intent, and should still be held liable for genocide in such cases.”
Said Oppenheimer, “All of these contentions represent a significant departure from established case law and risk diluting the strict terms of the Genocide Convention.”
International law consultant David Benjamin said, “Apparently South Africa’s case for the existence of genocide in Gaza isn’t very convincing. Why else would Ireland urge the ICJ to lower the threshold of proof to intention to commit genocide?”
Dr Glen Segell, Professor at the NATO-EU Strategy Group, University of Cambridge, highlights the politics. “Ireland’s action was long anticipated. It’s within the context of two issues. First, the decision to intervene in the case reflects Ireland’s longstanding support for Palestinian civilians, rooted in part in a shared history of British colonialism and in Ireland’s own experience with a seemingly intractable sectarian conflict – The Troubles. Second, last month, Israel announced it was closing its embassy in Dublin, citing what it said were ‘the extreme anti-Israel policies of the Irish government’. The two are connected, yet the second dominates due to antisemitism.”
“Joining South Africa in the case against Israel at the ICJ was just the latest in Ireland’s hostile actions against Israel, following its recognition of a Palestinian state and the vote in Parliament to declare that Israel was committing genocide,” said Israeli journalist Rolene Marks. “So, it’s no surprise, but it does help us understand why Israel shuttered our embassy last month in the Irish capital. I would make a distinction, much like in South Africa, between the citizens and the government. I have been contacted by many Irish people who stand resolutely with Israel, and we also can’t forget that.”
In relation to the ICC, South Africa invoked the Diplomatic Immunities and Privileges Act to protect ICC staff from being arrested, detained, charged, or sued in South Africa, through a notice issued in the Government Gazette in December.
The Illegitimate Court Counteraction Bill, which passed the US House of Representatives by 243 votes to 140, proposes “sanctions against foreign persons [individuals and entities] who assist the International Criminal Court [ICC] in investigating, arresting, detaining, or prosecuting certain individuals”. It now moves to the Republican-controlled Senate. Measures could include visa denials and blocking US funding for the ICC. The law is aimed at prosecuting US citizens or foreigners that assist the court in going after US citizens or US allies from countries that do not recognise the authority of the ICC. This would, of course, include Israel.
Oppenheimer said, “Although the bill hasn’t yet passed through the Senate, its bipartisan support suggests it’s likely to do so. Meanwhile, South Africa has granted immunity to ICC officials for their work within its borders, a move that could create tensions between South Africa and the US.”
Said Marks, “This is South Africa trying to bolster, in its mind, its moral conscience, and I find it absolutely ludicrous and totally hypocritical. This is the same country that wouldn’t hand over [Sudan’s] Al Bashir [to the ICC in 2015 when he was in South Africa]. And we can’t forget that the chief prosecutor of the ICC is being investigated for alleged sexual harassment. So, this is South Africa very much taking sides. And I think this is also cocking a snook at the incoming Trump administration. This is South Africa trying to establish itself as the leader of the anti-West alliance.”
This year is well set to embroil Israel, South Africa, and the US in a series of interconnected legal and political battles.

Gary Selikow
January 17, 2025 at 2:50 pm
Those who accuse Israel of genocide dream day and night of geocoding all the Jews in Israel Those who call Israelis baby killers would murder all of our babies given half a chance.
yitzchak
January 18, 2025 at 9:18 am
perhaps one day the ICC and ICJ will investigate Ramaphosa and the ANC for its failings at Marikana where a massacre took place and now the starving out and murdering of illegal miners at Stilfontein mine.
Gallant and Netanyahu are heroes.(“Hero Israel the Lord our God”)יברככנו
Why would SA give special dispensation to the Hague’ functionaries… They are in no danger of being arrested here?
We have had a fantastic success in the North with Hizballah decimated ,its pipeline to Iran gone and as a booby prize, Assad in Syria also gone but replaced by an ISIS wannabee. There the job was easier since no Israeli hostages could be exploited as human shields.
Hamas (and its supporters e.g.Sooliman the munificient from GOG,and those around him )have nowhere else to look since the Club Paradiso in Gaza is reduced to hell.) and counting.(another cultural appropriation from Ezekiel into the Koranic texts reinvented as jaj and majaj). I think donations from Main Street Fordsburg will come close to reinvigorating and rehabilitating Gaza. They can of course go to Cape Union Mart to stock up on tents and camping for their refugees). They asked for it and they got it.
I fear greatly for our hostages,who have survived and the condition they are in.I think we are in for shocking news.
Finally look at the coats of arms of Hamas,Islamic Jihad and the PFLP….they all show one palestine from the river to the sea, while the Qat besotted Yemeni-dervishes circumambulate in their dementia
yitzchak
January 19, 2025 at 9:38 am
what bitter irony that Zihadh Hoozook is being tried in Eugene’s Terreblanche’s “medinah”.(lichtenberg) no mecca of human freedoms.Perhaps ET’s signature on the wall of the police cell will bring back memories.
The koek susters are good though…the samoosas will have to come by special delivery together with the chili bytes.
That the MRN is apoplectic about the case means the hawks are on the right track.I still have faith in our security services.
Clive
January 22, 2025 at 3:01 pm
In relation to the ICC, South Africa invoked the Diplomatic Immunities and Privileges Act to protect ICC staff from being arrested, detained, charged, or sued in South Africa.
How surprising.
I wonder how much the anc will be paid for their “hosting” of these reprobates.
harry kadish
February 6, 2025 at 7:10 pm
So wheres the GNU on this one , DA ????hmmmm