Next week, the International Criminal Court in The Hague is expected to hold deliberations on a claim by South Africa that Israel is committing genocide against Palestinian Arabs and an accompanying demand for an end to the fighting in Gaza. Arutz Sheva - Israel National News spoke with attorney Yifaa Segal, formerly the director of the International Justice Forum and currently a legal advisor for the Bithonistim movement, about the implications of the debate and the ways Israel can react to it.
She begins by noting that it is not always publicly known that there are two different courts in the Hague, one criminal and the other focused on international disputes. The complaint against Israel was filed in the latter.
“South Africa is using the fact that Israel has signed the convention against genocide, and on this basis is filing complaints according to which we are committing genocide in Gaza and they demand that we and the war in Gaza on these grounds,” she explained. She further noted that the entire claim should be viewed on the background of South Africa's reputation as a country that has rejected its racist and apartheid past.
He says it is important to understand what happened in South Africa over the past few years, and to know that in the last few years “Extremely negative groups with many problematic figures have taken over there, including a foreign minister who converted to Islam and maintains connections with all the bad players possible, such as Iran, jihadi groups, and Hamas. It is important to recognize this background to understand why South Africa is getting involved. It seems South Africa has joined the group of negative players as part of the Iranian jihadist corridor throughout the world, and Iran considers it another tool to be used in the fight against Israel.
It is also important to remember that without a state, it is impossible to file a complaint in the Hague, and so South Africa entering the conflict has significant implications. Hamas, which is not considered a state, cannot be sued in this manner, despite the terrible things it has done. Segal says that “We are not seeking support from the International community in these twisted platforms, when we have already experienced firsthand all the possible burns they can dish out, especially since October 7th. We will make our own justice, and the activities of the IDF and Israel's justice system are the only justice system we have, and not the international justice system, and the terrorists will find themselves killed either in military engagements or at the hands of the justice system.”
Because Israeli sources are not enough for the international arena, the question arises as to what the Hague can do to Israel during such a debate. Segal emphasized that the short answer is ‘nothing’. Despite this, it is possible that extreme decisions of the Court will have significant indirect harmful effects on Israel. “Can the court directly order sanctions against us? The answer is no, but there are other circles, because if there were to be a ruling about genocide and harsh criticism of Israel was to be heard, it could be that would have consequences for relations with various states, that might decide to take various steps and prevent legitimization with Israel, because these claims come from a supposedly objective body. Although it is painful, it is proper to calm the hysteria. We have dealt with other international bodies before.
She expressed confusion regarding the decision to participate in the debate, and in so doing give the court a degree of legitimacy. She stated that she does not understand all the considerations of the decision-makers in this regard, but still does not understand this decision, and since the decision has already been made and Israel does indeed intend to take part, it would be improper to deal with that extensively at the moment.
Regarding the question of how Israel should conduct itself in the incident, and whether it should be defensive or go on the attack, she said that legally speaking the claim is trivial, but there is an opportunity for Israel to directly attack South Africa, which has many things that it attempts to hide from the International community and that Israel can display as part of the fight against South Africa directly. These include support for the Iranian corridor, donations and indirect aid to the October 7th massacre, and the planning and intent of various organizations regarding Israel which are funded by South African aid and engage in terrorism, and the bad players in the world and the connections they maintain, but attempt to hide, such as the transfer of funds to problematic organizations. “There are many ways to attack South Africa. I recommend taking off the gloves and going ready to fight, and at least making them regret doing this and deterring other such players in the future.”
She believes that Israel must internalize the rules of the game and understand the strategic goals, given that the chances of a fair trial are negligible, that it must understand how to play the cards it has. Israel must go ready to fight and show other players that intend to emulate South Africa that Israel has ‘gone mad’ and intends to exact high prices from anyone who challenges it in this manner.
Regarding the question as to whether or not Israel will genuinely attack South Africa, when it has repeatedly deferred to Turkey in its comments against Israel, she noted that the two cases are different. Although Turkey has repeatedly made harsh statements against Israel, Israel and Turkey share a system of shared interests in the economic, defense, and strategic sectors regarding various enemies and allies, something that is not true of South Africa. Israel has nothing to lose at the moment by directly attacking South Africa, which already has a dim relationship with Israel. “It is a completely different player and the penalty is different as well. For that reason, Israel must take off its gloves and go out to fight.”