'A Courageous Step': Expert on Importance & Prospects of South Africa's ICJ Case Against Israel

The prospects for South Africa's genocide case at the International Court of Justice against Israel for its actions in the Palestinian Gaza Strip are promising, given the precedent set by Gambia's successful case against Myanmar at the ICJ, Kelvin Mbatia Wachira, an advocate at the High Court of Kenya, told Sputnik Africa in a recent interview.

Wachira warned, however, that the influence of international politics in such cases should not be overlooked.

"I think, South Africa, has taken a courageous step [...] So we now await the verdict on the provisional measures against Israel," he said. "However, what I do want to say is, I think the prospects are high since this has been done before, but we need to take into account that international politics do have a role to play in this particular case that is currently ongoing."

Regarding the arguments presented by both parties, the Kenyan legal expert acknowledged the validity of certain claims made by Israel, but emphasized the strength of South Africa's case.

He underscored that indiscriminate warfare cannot go without consequences and expressed his belief that the ICJ is likely to grant some, if not all, of the provisional measures sought by South Africa.

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"Both parties have had numbers of claims that they have raised before the court," Wachira noted. "I think that South Africa has a really strong case. Not to say that Israel's statements are not valid. Some are, but I think that you cannot continue having or waging warfare indiscriminately against other people and expect no consequences."

Attorney Wachira also delved into the potential implications of the case for Israel, highlighting both legal and political aspects. From a legal perspective, he noted that if the ICJ grants the provisional measures, Israel would be obliged to comply with the court's orders.

However, he pointed out that the implementation of these orders may be subject to the involvement of the United Nations Security Council, where international politics could pose challenges.

"So if the court happens to give or issue or grants the provisional measures that South Africa is seeking, then that will mean that Israel has an obligation to obey those particular orders that have been made by the court," Wachira told Sputnik Africa. "However, implementation of these orders can only be done by the United Nations Security Council, and that is where international politics again come to play."

He added, "We have seen the United States of America, amongst others, vetoing some of the resolutions that the United Nations Security Council was to undertake."

Furthermore, Wachira outlined the options available to Israel in the event that the provisional measures are issued against it. According to him, the country could choose to adhere to the orders and await the final judgment on the merits, or navigate the complex terrain of international politics.

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Wachira emphasized that the lawsuit has unveiled striking divisions among global players in the international arena, particularly regarding their stance on human rights and international humanitarian law.

The Kenyan lawyer noted that countries that claim to stand for human rights and international humanitarian law are now being scrutinized for their "hypocrisy" and support for actions that seem to contradict their own "preached" values.

"I would want to thank the Republic of South Africa for being very courageous because, I don't think any other country, or at least most countries, may not have had that courage because they know that there will be repercussions, at least from the international politics angle of it. But having seen what South Africa went through in their history, and I think that's why they decided to take it upon themselves to bring this particular case," Wachira stated.

He highlighted the discrepancy between certain states' advocacy for human rights and humanitarian law promotion, juxtaposed with their stance on the plight of the Palestinian people.

"Yet, when it comes to the people of the State of Palestine, then [the above mentioned "certain states"] have a different [say] or they take a different tone. So, their hypocrisy has been exposed. And I think it needs to be addressed in as much as we have the international politics side of the angle," Wachira concluded.

On December 29, 2023, South Africa filed an urgent application with the United Nations' International Court of Justice (ICJ), arguing that Israel's ongoing attacks on the Gaza Strip violate the UN Genocide Convention, signed in 1948 in the wake of the Holocaust.

Pretoria is seeking provisional measures from the ICJ to stop the Israeli military operation in the besieged Palestinian enclave, where the civilian death toll from Israeli attacks has so far exceeded 23,000.

On Friday, Israel asked the court to reject South Africa's request for interim measures against it over the situation in the Gaza Strip, arguing that the Jewish state is still defending itself against an attack by the Palestinian group Hamas that took place 105 days ago.