Gaza Genocide Case Against Israel Gathers Global Momentum: S. Africa Envoy

In 2023, South Africa initiated a case against Israel at the International Court of Justice (ICJ), accusing it of committing genocide and other violations of international law against the Palestinian people.

This unprecedented move followed years of Israeli aggressions against Palestinians, with South Africa framing its case around Israeli criminal actions in Gaza and the West Bank. The legal complaint accused Israel of policies amounting to ethnic cleansing, apartheid, and genocide under international law, citing the displacement of Palestinians, settlement expansions, and military aggressions.

South Africa's case was part of broader international efforts to hold Israel accountable for human rights violations in occupied Palestine.

The ICJ heard the case in January and issued an interim ruling ordering Israel to ensure no genocidal actions are carried out by its army and no genocidal speeches are made by its officials. The court, headquartered in the Netherlands, also directed Israel to ensure the delivery of humanitarian aid to Palestinians in Gaza, where more than two million people are on the brink of starvation, and many have already died due to extreme hunger and devastation.

In his exclusive interview with Tasnim news Agency, South Africa’s Ambassador to Tehran, Dr. Francis Moloi, discussed the Israeli war in Gaza, South Africa's support for Palestinian rights, and the ongoing legal case against Israeli genocide in Gaza.

The full text of interview with South Africa's Ambassador to Tehran, Dr. Francis Moloi, is as follows. He draws comparison between Israel's treatment of Palestinians and South Africa’s experience under apartheid, underscoring the solidarity between the two struggles.

Tasnim: The Israeli regime has made great efforts to impose its desired narrative of the conflict with the Palestinians and is trying to read this history to the world from October 7, 2023, however, as the Secretary General of the United Nations has stated, the Al-Aqsa storm operation did not happen in a vacuum, and the process of Israel's occupation and the crimes committed by this regime over the past 75 years should also be added to the analysis. In your opinion, how should the history of this conflict be narrated?

Moloi: The history of this ‘conflict’ should be narrated by sticking to the truth and the historical facts on the ground. The plight of the Palestinian people started with the establishment of the state of Israel in 1948: an event which necessarily resulted in, among other injustices, the colonial occupation of Palestine; the Nakba and the expulsion of hundreds of thousands of Palestinians from their homes and lands; the installation of an apartheid system against the Palestinians; the systematic denial of rights of Palestinian people, including the right of self-determination; and gross violations of the rights of Palestinians, including killings, torture, racial discrimination, long-term imprisonment and detention.

So, it is not true that the current “war” in Gaza was started by the events of 7 October 2023. Palestinians have been resisting occupation of their land for the past 76 years (the longest occupation of any people in modern history). The Secretary General of the UN is right, the Hamas attack of 7 October 2023 did not take place in a vacuum. For Israel or anyone for that matter to suggest that everything started on 7 October 2023 is disingenuous as best and downright dishonest at worst.

Tasnim: South Africa enjoys a rich and powerful experience in the struggle against Apartheid, how this experience has affected the policy of the South African government regarding the righteousness of the Palestinian people?

Moloi: In the same year (1948) in which the state of Israel come into existence, apartheid and racial discrimination became the official policy of the ‘white’ minority government in South Africa. From that time onward, both the South African apartheid regime and the Israeli Zionist regime worked closely together in entrenching their respective injustices against the indigenous peoples of their countries. So, from the very beginning, South Africans saw their own struggle for self-determination and for freedom and justice as inextricably intertwined with the struggle of the people of Palestine for self-determination, for ending the occupation, and for freedom and justice.

The liberation movements in both South Africa and Palestine supported each other’s struggles. South Africa achieved its freedom in 1994 with the total defeat of apartheid and the installation of a system of government based on human rights, freedom, justice, democracy and the rule of law. But our brothers and sisters in Palestine are still not free. The injustices are still being perpetrated against them. Their land is still under the brutal Israeli occupation. And at this moment, the crime of genocide is being perpetrated against them (Palestinians) in Gaza. South Africa therefore has a long history of support for the just struggle of the Palestinian people.

In 1997, on the International Day of Solidarity with the Palestinian People, Nelson Mandela, then President of South Africa said, “…we know too well that our freedom is incomplete without the freedom of the Palestinians.” As South Africans, we know what it means to live under an evil system of apartheid, which the UN declared a crime against humanity. We have an obligation therefore to free the world, and the Palestinian people in particular from this scourge.

Tasnim: South African complaint against Israel for committing genocide and war crimes in the Gaza Strip is based on what evidence?

Moloi: Let me bring to your attention the following: In addition to the three applications we submitted to the International Court of Justice (ICJ) accusing Israel of the crime of genocide against Palestinians in Gaza, subsequent to which the ICJ issued provisional measures against Israel (on 26 January 2024, 28 March 2024 and most recently on 24 May 2024), essentially ordering Israel to stop committing acts that plausibly amount to genocide, South Africa submitted (on 29 May 2024) a “public dossier of evidence” to the President of the UN Security Council relating to genocidal intent and incitement by Israel against Palestinians in Gaza. That dossier (S/2024/419) was circulated by the President of the UN Security Council as the document of the Council. In essence, that dossier provides evidence that Israel has committed the prohibited crime of genocide with against Palestinians in Gaza.

Now, in order to prove the crime of genocide, South Africa must prove that there was/is “intent” on the part of Israel, including, but not limited to officials of the Israeli government and/or other (influential?) members and citizens of the Israeli society to commit prohibited acts of genocide in Article II (and III) of the genocide Convention. The crime of genocide as prohibited under the Genocide Convention comprises two distinct elements:

The first element is the mental element, notably the “intent to destroy” the protected group as such (in this case, Palestinians in Gaza), “in whole or in part”. This is often called the ‘specific intent’ or ‘dolus specialis’. Evidence of such intent can be direct, in the form of official documents or statements made by State (in this case, Israeli) officials, and/or can be inferred from a pattern of conduct.

The second element is the physical element, which includes one or more of the acts of genocide listed in Article II of the Genocide Convention, notably: (a) killing members of the group; (b) causing them serious bodily and mental harm; (c) deliberately inflicting on the group conditions of life calculated to bring about their physical destruction in whole or in part; (d) imposing measures intended to prevent births; and (e) forcibly transferring children of the group to another group.

South Africa has collated and continues to collate evidence of both elements of genocide relating to the ongoing Israeli military operations in Gaza. South Africa has collated and is collating evidence of other acts of genocide by Israel contrary to Article III of the Genocide Convention, including the prohibition of direct and public incitement to genocide, contrary to Article III(c), and of statements by Israeli officials evidencing contempt for binding orders issued against them by the ICJ on 26 January 2024, 28 March 2024 and 24 May 2024 in order to preserve the right of Palestinians in Gaza not to be subjected to acts of genocide.

In short, the public dossier of evidence against Israel comprises the following:

1. Illustrative examples of genocidal statements by senior Israeli government officials, including by Prime Minister Benjamin Netanyahu and Israeli Minister of Defence Yoav Gallant, in relation to which the Prosecutor of the International Criminal Court is seeking arrest warrants for war crimes and crimes against humanity;
2. Lists of statements by - and audio-visual material of – senior Israeli military officials and of other Israeli soldiers active on the ground in Gaza, evidencing genocidal intent and inciting to genocide, as well as genocidal acts contrary to Articles II and III of the Genocide Convention;
3. Illustration of widespread incitement to genocide against Palestinians in broader Israeli society from which Israeli soldiers serving in Gaza are drawn from, including among non-cabinet Members of the Knesset (Israeli parliament), former military and intelligence officials, journalists and pundits and popular singers; and
4. Statements made by and actions taken by Israel in contempt of binding provisional Orders issued against Israel by the ICJ. They illustrate the urgent need for further action by States who are party to the Genocide Convention and by the international community more broadly to ensure Israel’s compliance with its obligations under the Genocide Convention and the ICJ’s Orders.

Tasnim: Considering the temporary ruling of the International Court of Justice in the case of South Africa's complaint against Israel, as well as Israel's subsequent actions in Gaza, how do you see the prospect of issuing a ruling against Israel?

Moloi: What is clear is that Israel has neglected, failed and refused to abide by the ICJ’s binding Orders. The fact of the matter is that Israel is bound by these Orders and must comply with them. The fact that Israel has not complied with these Orders does not absolve it of its obligation to comply therewith. All other States who are party to the Genocide Convention must take measures and comply with their obligations under the Genocide Convention to prohibit and punish the crime of genocide. The case is now moving to the merits stage and by the end of this month (October 2024), South Africa will finalise and submit its memorial to the ICJ. We are confident that our case is very strong on the merits and that at the end of the day, the ICJ will decide this case in South Africa’s favour.

Tasnim: After South Africa's complaint against Israel in the International Court of Justice for genocide in the Gaza Strip, 18 other countries have supported and joined this complaint. In your opinion, what effect does the increase in support for this lawsuit by these countries have on the possibility of issuing a ruling against Israel?

Moloi: The ICJ will decide the case on the basis of the evidence that will be submitted. We believe that there is overwhelming evidence against Israel in this case for the ICJ to decide it in favour of South Africa and those countries who have decided to join the case. Having listened to what Israel considers to be its “defence” against the charge of genocide, it is doubtful – and based of the ICJ’s precedent – that Israel will prevail.

Tasnim: Some experts believe that due to the influence of the Zionist regime in international organizations and assemblies, the International Court of Justice may acquit Israel of the charge of genocide in Gaza and only condemn it for committing some types of war crimes, to avoid such a verdict, what is your plan?

Well, obviously we cannot prejudge the outcome of the case; we still need to present evidence before the ICJ and South Africa must prove all the elements of the crime of genocide against Israel. The public dossier of evidence which we have submitted to the UN Security Council on 29 May 2024 (and other evidence which we are still collating) form the basis of our argument and evidence. And we believe that we have a tight case, which, some experts describe as an open-and-shut textbook case of genocide.

Moloi: We believe in the rule of international law and we have no reason to doubt that the ICJ and the judges who sit in that august chamber will discharge their duty independently, and without fear, favour or prejudice. We believe that in their desire to do justice, the Court and the judges who sit in there will also do justice according to law, not according to the whim of “the influence of the Zionist regime.” Justice for the people of Palestine requires nothing less!

Tasnim: Today, many nations of the world support the rights of the Palestinian nation. Do you think it is possible to create a coalition of Palestine Pro Nations to make significant changes in the international environment in this regard?

Moloi: Yes, many nations and people across the world support the people of Palestine in the quest for self-determination and justice. The plight of the Palestinian people has been going on for 76 long years; and it must stop. What is needed at this moment is for countries and governments to take firm, concrete and practical steps to end the plight of Palestinians. We do not need any more conferences and workshops and ‘group formations’ and more debates to discuss the ‘question of Palestine’. Concrete actions which must be taken include: imposing sanctions on Israel; all states to recognize the state of Palestine; Palestine to be given full membership of the UN and all its agencies and bodies.

Tasnim: Regarding the legal case against the regime, have you received assistance from Iran in the fields related to research or document collection or other matters?

Moloi: This is a question that should be directed to the relevant authorities.

Tasnim: How do you evaluate the horizons of cooperation between Iran and South Africa and the promotion of relations between the parties in other international cases?

Moloi: South Africa and Iran have excellent relations which are forged in history and in our common struggle for peace, freedom and justice. The challenge we have is to see how we can take full advantage of our excellent relations and translate them into e.g., tangible economic benefits (increase in bilateral trade), scientific collaborations (in the fields of research and innovation), cultural and social interactions (greater people-to-people contacts).

In the global arena, we should work together with our partners and harness our individual and collectives strengths to foster the development of the countries of the ‘global South’; to collaborate together in multilateral institutions and organisations (such as the UN) in order to bring about the desired reforms in these organisations, which reforms must address the current realities in the world; to pursue a world order that puts respect for international law, human rights, and the right of peoples to pursue their legitimate national aspirations free of coercion of any kind.