Israel targets Congress members in bid to kill South Africa's ICJ genocide case

Washington DC - Israel is lobbying members of US Congress in an attempt to shut down South Africa's genocide case before the International Court of Justice (ICJ).

A demonstrator in a keffiyeh raises a Palestinian flag and an image of the late South African President Nelson Mandela during a rally outside the International Court of Justice in The Hague, Netherlands.
A demonstrator in a keffiyeh raises a Palestinian flag and an image of the late South African President Nelson Mandela during a rally outside the International Court of Justice in The Hague, Netherlands.  © Koen van Weel / ANP / AFP

Axios obtained an Israeli foreign ministry cable confirming that the apartheid state is targeting American politicians in an effort to pressure South Africa against continuing legal proceedings before the UN top court.

"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 classified cable read.

The strategies Israel has floated to its diplomats include:

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  • requesting members of Congress to issue public statements condemning South Africa's actions and threatening to suspend trade relations
  • urging American lawmakers and Jewish organizations to threaten South African diplomats with consequences if there is no policy change
  • campaigning for federal and state legislation against South Africa
  • lobbying for state legislature hearings on South African policy towards Israel

Israel has repeatedly denied mounting accusations of genocide and war crimes from UN experts, academics, human rights organizations, and eyewitnesses.

Israel accused of genocide before International Court of Justice

A protestor holds a Palestinian flag during a January 2024 demonstration held during a hearing at the International Court of Justice on a genocide complaint filed by South Africa against Israel.
A protestor holds a Palestinian flag during a January 2024 demonstration held during a hearing at the International Court of Justice on a genocide complaint filed by South Africa against Israel.  © ROBIN UTRECHT / ANP / AFP

The ICJ in January ruled there was a "plausible" case Israel is committing genocide in Gaza. It has since issued multiple rafts of provisional measures in the case, most recently in May ordering Israel to halt its assault on Rafah.

Israel has killed at least 40,988 people in Gaza since October – although the true number of casualties is considered to be far higher. Survivors face the overwhelming threats of displacement, disease, and starvation due to Israel's ongoing blockade, invasion, and bombardment of the besieged territory.

The UN's 1948 Genocide Convention bars countries from committing acts with the intent to destroy, in whole or in part, a national, ethnic, racial, or religious group. The treaty also criminalizes complicity in genocide.

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South Africa has until October 28 to submit documents to the ICJ in support of continuing the case against Israel.

Israel is hoping it may succeed in stopping the proceedings after a new multiparty coalition government took power in South Africa, ending three decades of ANC majority rule.

Cover photo: Koen van Weel / ANP / AFP

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