[Opinion] SA uses ICJ submission to maximise anti-Israel narrative
[Excerpts]
The South African government made a submission at the International Court of Justice (ICJ) on 28 October in its ongoing case accusing Israel of genocide. A press release issued by the president’s office said it had filed a 750-page brief and 4 000 pages of accompanying annexes. This memorial – the technical term for the document – is for the moment secret, and probably won’t be revealed until oral hearings take place, perhaps not until 2026. Nevertheless, the statement and media surrounding the move highlight how anti-Israel narratives are created and enforced in the political war against the Jewish state.
Some background on the ICJ is required. The ICJ is a creation of the United Nations (UN), and above all else, is a UN court. It does not function the way courts do in a democratic system. Rules of evidence, procedure, and ethical standards aren’t well-defined. The ability to challenge evidence in real time isn’t possible. The quality and competence among the judges varies widely, and hinges on political factors. Many appointees to the ICJ are academics or politicians who have no prior real-world experience in evidence collection or judging disputes. There’s no right to appeal a decision of the court, and few, if any, checks and balances exist to hold this body accountable.
Most importantly, the court doesn’t possess the capability and resources to verify evidence independently in highly fact-intensive situations. And because it’s a UN court, it automatically gives deference to UN reports and materials regardless of their provenance or accuracy.
