BRICS Member South Africa Takes Zionism to Court

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by Pepe Escobar, The Unz Review:

Pretoria’s genocide case against Israel is crucial, not just to stop Tel Aviv’s carnage in Gaza, but to plant the first flag of mutipolarism in the globe’s courtrooms: this is the first case of many that will seek to halt western impunity and restore international law as envisioned in the UN Charter.

Nothing less than the full concept of international law will be on trial this week in The Hague. The whole world is watching.

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It took an African nation, not an Arab or Muslim nation, but significantly a BRICS member, to try to break the iron chains deployed by Zionism via fear, financial might, and non-stop threats, enslaving not only Palestine but substantial swathes of the planet.

By a twist of historical poetic justice, South Africa, a nation that knows one or two things about apartheid, had to take the moral high ground and be the first to file a suit against apartheid Israel at the International Court of Justice (ICJ).

The 84-page lawsuit, exhaustively argued, fully documented, and filed on 29 December 2023, details all the ongoing horrors perpetrated in the occupied Gaza Strip and followed by everyone with a smartphone around the planet.

South Africa asks the ICJ – a UN mechanism – something quite straightforward: Declare that the state of Israel has breached all its responsibilities under international law since 7 October.

And that, crucially, includes a violation of the 1948 Genocide Convention, according to which genocide consists of “acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.”

South Africa is supported by Jordan, Bolivia, Turkiye, Malaysia, and significantly the Organization of Islamic Cooperation (OIC), which combines the lands of Islam, and constitutes 57 member states, 48 of these harboring a Muslim majority. It’s as if these nations were representing the overwhelming majority of the Global South.

Whatever happens at The Hague could go way beyond a possible condemnation of Israeli for genocide. Both Pretoria and Tel Aviv are members of the ICJ – so the rulings are binding. The ICJ, in theory, carries more weight than the UN Security Council, where the US vetoes any hard facts that tarnish Israel’s carefully constructed self-image.

The only problem is that the ICJ does not have enforcement power.

What South Africa, in practical terms, is aiming to achieve is to have the ICJ impose on Israel an order to stop the invasion – and the genocide – right away. That should be the first priority.

A specific intent to destroy

Reading the full South African application is a horrifying exercise. This is literally history in the making, right in front of us living in the young, tech-addicted, 21st century, and not a science fiction account of a genocide taking place in some distant universe.

Pretoria’s application carries the merit of drawing The Big Picture, “in the broader context of Israel’s conduct towards Palestinians during its 75-year-long apartheid, its 56-year-long belligerent occupation of Palestinian territory, and its 16-year-long blockade of Gaza.”

Cause, effect, and intent are clearly delineated, transcending the horrors that have been perpetrated since the Palestinian resistance’s Operation Al-Aqsa Flood on 7 October, 2023.

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