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Genocide in Israel: The South African case

Zeauddin Ahmed

Zeauddin Ahmed

Fri, 16 Feb 24

South Africa has filed a case against Israel in the International Court of Justice (ICJ) regarding Israel's alleged mass killings in Gaza. The ICJ is the principal judicial organ of the United Nations, with all UN member states automatically being parties to it. The 84-page complaint accuses Israel of indiscriminately bombing Gaza and causing destruction to Palestinian civilians. It also references statements from Israeli officials suggesting an intention to commit massacres.

The complaint further states that if Israel's barbaric destruction is not promptly halted, there are fears of further atrocities. Israel had announced the case as a defensive measure, blaming Hamas for initiating the conflict. The armed Palestinian group Hamas had breached into Israel last October, killing over 1,200 Israelis and capturing more than 200 others, many of whom have been held captive in Gaza. In retaliation for this Hamas incursion, Israel first launched air strikes and later commenced ground operations. So far, nearly 28,000 people have been killed in Israel's offensive, with a majority being women and children. Israel is not just causing loss of life and infrastructure destruction through its warfare; it had also cut off the supply of food, water, and electricity to Gaza, only permitting limited provisions under international pressure.

Another major reason behind the establishment of the International Court of Justice (ICJ) or ICJ was the genocide of six million Jews in Europe during the Second World War. The court, founded in 1948 as a response to such atrocities against Jews, now sees the Jewish state of Israel as a member. Following the hearing, Israel has been directed to take steps to prevent a recurrence of events akin to the Holocaust, which was a genocide against Jews. Moreover, Israel has been instructed to ensure humanitarian aid access to Gaza. However, the court has refrained from explicitly affirming that Israel is committing genocide in Gaza, stating that proving such atrocities against a state in conflict is not an easy task. Previously, the ICC had dismissed allegations of genocide against Muslims in Bosnia and Herzegovina and has yet to hear the case of genocide charges against Myanmar in 2019. South Africa had hoped the court would issue an order to cease hostilities; however, the court did not issue such an order. The court has exercised caution in delivering its judgment this time, as it lacks the authority to enforce its rulings effectively.

Ukraine had also filed a case against Russia for atrocities, but despite the ICJ's directive to Moscow to halt its military campaign, the Russian government has ignored the directive. Several European countries, including Gambia and Ukraine, had sought to intervene in cases against Myanmar and Russia, but no party from South Africa took action against Israel. Meanwhile, the United States has clarified its position on the matter, stating that the case lacks merit and is baseless.

On the other hand, Israel has rejected the case filed by South Africa. Israeli Prime Minister Benjamin Netanyahu has alleged that Gaza campaigns have demonstrated Israel's unwavering moral clarity in defense operations; however, if Hamas were given the opportunity, they would mercilessly kill all Jews. The significance of the case filed by South Africa is immense as it could at least hold Israel accountable. It's regrettable that no Muslim country has stepped forward to accuse Israel of genocide, leaving it to a Christian-dominated country. Only 3 percent of South Africa's population is Muslim. Not only did South Africa file the case, but at the outset of the conflict, it also severed all kinds of economic ties with Israel, disrupting all sorts of economic relations. In October last year, in light of the barbaric attack on Gaza, the South American country of Bolivia severed diplomatic relations with Israel; however, 99 percent of Bolivians are Christians. Among Muslim countries, only Bahrain recalled its ambassador to Israel and announced the severance of all economic relations with Israel; however, it did not break diplomatic relations.

In this case, various Muslim countries, including Bangladesh, have supported South Africa. The Shia Muslim group Hezbollah in Lebanon has been launching rockets into Israel in support of Hamas; they had engaged in a 34-day war with Israel in 2006 as well. Additionally, Yemen's Houthi rebels have also taken up arms against Israel, being supported by Iran-backed armed groups. Among the 57 Muslim countries, only Iran stands as an unwavering ally of Hamas. Hamas's association with Iran makes them unpopular among Arab Muslim countries as well; like Israel, they also desire Hamas's destruction. Despite continuous Israeli attacks on Gaza, it doesn't seem that American Jews are protesting as much as Muslims from any Muslim country. The roles of the Arab League and the OIC are questionable. No Muslim country will dare to fight alongside Israel in an open conflict; then why should all 57 Muslim countries maintain such silence?

If the war doesn't end, collectively Muslim countries can threaten to withdraw from the American sphere. However, they won't do it because the Muslim autocratic states consider Israel safer than Iran. In 1993, within five years of the establishment of the Palestinian Authority on the West Bank, an independent Palestinian state was expected, but even after 30 years, it hasn't materialized. No Arab Muslim country likely desires a Palestinian state that is anti-democratic; their involvement in a naturalizing process to normalize relations with Israel has been evident in some Arab countries. To impede the process of normalization of relations with Israel, Hamas militants on October 7 launched rockets into Israeli cities and breached the border defense system to engage in guerrilla warfare in the southern cities of Israel. Israel has become so united in response to Hamas's actions that they are not listening to anyone and are dropping tons of bombs on Gaza every day.

At the initial stage of its formation, Israel was eager for recognition from Arab states, and in exchange for recognition, it was willing to agree to any compromise. However, Arab states were reluctant to implement plans to drown Israel in the Mediterranean Sea after recognition. And now! In exchange for Israel's approval of the establishment of a Palestinian state, Saudi Arabia is prepared to normalize relations with Israel; Israeli Prime Minister Benjamin Netanyahu rejected a proposal from US Secretary of State Antony Blinken. In other words, while Israel once sought recognition from Arab countries, now all Arab countries are demanding that Israel recognize the Palestinians.

While Israel's reality has been acknowledged globally over time, no one recognizes the existence of Palestinians. It is not believed that Muslim dominance will be established in Jerusalem and the Al-Aqsa Mosque. Muslim countries are hesitant to engage with Israel due to these issues. Alleged Sultan Erdogan's words are no longer heard. The Muslim nation is entirely future-oriented, with no desire to remain in temporary stagnation. They do not believe in Darwin's "Survival of the Fittest," so the manifestation of supernatural power and assistance is essential for the realization of the common Muslim sentiment.

The lack of sincerity among Arab Muslim states makes it unlikely for Hamas or the Palestinians to establish an independent Palestinian state. It will only be possible if Israel desires it. The establishment of a Palestinian state is inevitable for Israel's interests; otherwise, the events of October 7 will recur. This sentiment has also been expressed by the US Secretary of State Blinken, who believes that Hamas cannot be neutralized by military force, and if Israeli leaders fail to realize this, history will repeat itself.

Author: Former Executive Director, Bangladesh Bank and Former Managing Director, Mint.

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