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Israel Urges US Congress to Press South Africa to Drop Genocide Case at ICJ

A classified Israeli Foreign Ministry cable threatens consequences if South Africa proceeds with its case in The Hague.

South African Ambassador to the Netherlands Vusimuzi Madonsela and members of the delegation sit in the courtroom of the International Court of Justice (ICJ) in The Hague, the Netherlands, on May 24, 2024.

Israeli officials are lobbying U.S. lawmakers to pressure South Africa into dropping its genocide case against Israel at the International Court of Justice, according to a report published Monday.

Axios said it obtained a classified Israeli Foreign Ministry cable sent Monday to the country’s embassy in Washington, D.C. and all its U.S. consulates threatening consequences if South Africa proceeds with its case in The Hague — which is backed by dozens of nations and regional blocs, as well as countless legal and genocide experts.

“We are asking you to immediately work with lawmakers on the federal and state level, with governors and Jewish organizations to put pressure on South Africa to change its policy towards Israel and to make clear that continuing their current actions like supporting Hamas and pushing anti-Israeli moves in international courts will come with a heavy price,” the cable states.

As Axios reported:

The Israeli diplomats were instructed to ask members of Congress to issue public statements condemning South Africa’s actions against Israel and threaten that it could lead to suspending U.S. trade relations with South Africa. That’s unlikely to happen because the U.S. wants to maintain its relationship with South Africa in order to counter the influence of Russia and China.

According to the report, Israeli officials are hoping that South Africa’s new coalition government — the country’s first to not be led by the leftist African National Congress since the beginning of post-apartheid majority rule — will eschew “boycotts and punishments” and prove more malleable.

This isn’t the first time that Israel has been accused of trying to intimidate those who seek to hold it accountable for its obliteration of Gaza. Earlier this year, its government launched a pressure campaign urging world governments to condemn the ICJ trial.

South Africa filed its genocide case against Israel in December, alleging that statements and actions by Israeli government officials and armed forces “are genocidal in character because they are intended to bring about the destruction of a substantial part” of the Palestinian population in violation of Article II of the Genocide Convention.

A final ICJ ruling is not expected for years. Israel says the case is “baseless” and has accused South Africa of “functioning as the legal arm of Hamas,” which led the attacks in which more than 1,100 Israelis and others were killed — at least some by so-called “friendly fire” — last October 7. More than 240 other people were kidnapped and taken to Gaza.

Since October, Israeli forces have killed or maimed at least 145,000 Palestinians in Gaza, most of them women and children, while forcibly displacing almost all of the embattled strip’s 2.3 million people. Israel’s ” complete siege” of Gaza has caused widespread starvation and disease. Eliminationist rhetoric by Israeli politicians, military officials, journalists, entertainers, and others started shortly after the Hamas-led attack of October 7 and continues to this day.

In January, the ICJ ordered Israel to “take all measures within its power” to uphold its obligations under Article II of the Genocide Convention. Israel’s far-right government and military have been accused by human rights groups of ignoring the order.

As Israeli forces launched a major ground invasion of Rafah four months later, the ICJ issued another order for Israel to “immediately halt its military offensive” in the city, where around 1.5 million forcibly displaced and local Palestinian residents were sheltering. Instead of heeding the order, Israel ramped up its assault on Rafah.

At the International Criminal Court (ICC) Prosecutor Karim Khan is urging the tribunal to promptly act upon his May application for warrants to arrest Netanyahu, Israeli Defense Minister Yoav Gallant, and three Hamas leaders — at least one of whom, political chief Ismail Haniyeh, was subsequently assassinated by Israel.

Israeli and U.S. officials have threatened ICC members with retaliation if the tribunal issues arrest warrants for Israeli leaders. In June, 42 House Democrats joined Republican lawmakers in passing legislation to sanction ICC jurists in the event they authorize the Israeli leaders’ arrest.

The U.S. is by far Israel’s biggest benefactor, providing billions of dollars worth of weapons and invaluable diplomatic cover including United Nations Security Council cease-fire resolution vetoes.

Many experts say the U.S. is complicit in Israel’s genocide. A group of Palestinians, Palestinian Americans, and rights groups is seeking to hold President Joe Biden, Secretary of State Antony Blinken, and Defense Secretary Lloyd Austin criminally accountable for supporting Israel’s Gaza slaughter at the 9th U.S. Circuit Court of Appeals.

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