South Africa, Malaysia launch campaign for justice protection
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The initiative, which will be backed by the nine-nation Hague Group, reflects growing frustration in the Global South over what is seen as Western double standards regarding international law.
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An injured Palestinian child is carried from the ground following an Israeli strike just outside the entrance of Al-Shifa Hospital in Gaza City, on Friday, November 3, 2023. (AP)
South Africa and Malaysia are set to launch a campaign to protect and uphold the rulings of the International Court of Justice (ICJ) and the International Criminal Court (ICC), amid what they describe as defiance of ICJ orders and efforts by the US Congress to impose sanctions on the ICC.
The initiative will be backed by the nine-nation Hague Group, which includes Colombia, Bolivia, Chile, Senegal, and Namibia, all aiming to safeguard international legal institutions and their rulings.
This move comes as both the ICC and ICJ face significant challenges to their authority, particularly in cases such as the Israeli war on Gaza, which has killed over 47,000 Palestinians, primarily women and children.
'No crime will go unanswered'
South Africa’s Minister of International Relations Ronald Lamola emphasized that the campaign’s goal is to ensure compliance with international law and protect vulnerable populations. "The Hague Group’s formation sends a clear message: no nation is above the law, and no crime will go unanswered," he said.
South Africa’s case against "Israel" at the ICJ, charging genocide in Gaza, has been fiercely rejected by "Israel".
However, the Hague Group stresses that its focus is not on punishing "Israel" but rather on challenging its approach to global court rulings, which Malaysian Prime Minister Anwar Ibrahim believes "strike at the very foundations of international law, which the global community has a duty to defend."
The campaign reflects growing frustration in the Global South over what is seen as double standards from Western powers regarding international law.
Driving the news
UN Secretary-General Antonio Guterres has called for actions to ensure "Israel’s" compliance with ICJ rulings, including a finding that "Israel’s" presence in occupied territories is unlawful.
Switzerland will host a conference in March with the 196 Geneva Convention signatories to discuss the obligation to respect international humanitarian law in the occupied Palestinian territories, with another event scheduled in New York in June to discuss a "two-state" solution.
While the ICJ and ICC continue to press for compliance, critics argue that "Israel" has shown no interest in abiding by these rulings. Furthermore, US Secretary of State Marco Rubio has supported a bill in Congress that would impose sanctions on anyone with ties to an ICC investigation into an American or a US ally, extending to their families.
Divided Europe, ICC credibility eroded amid 'Israel' case
In the case of Israeli Prime Minister Benjamin Netanyahu, European nations remain divided over whether to enforce the arrest warrant issued against him. Some countries, including Italy, Romania, and Hungary, have stated they would ignore it if Netanyahu visited their territories. While Poland permitted him to travel to Auschwitz for the 80th anniversary of its liberation, he ultimately did not attend.
Although the ICJ is more accustomed to its orders being ignored, the high-profile nature of South Africa’s genocide case has made "Israel’s" defiance of interim orders more noticeable.
A recent Oxfam survey found that 89% of NGOs believe aid provision in Gaza has worsened since the ICJ's six orders on aid and genocide prevention were issued on January 26 last year.
Yale law professor Oona Hathaway warned, "We have the power to turn the tide if we want to... But at a certain point, the rules are going to become so eroded that it’s going to lose all legitimacy, and the United States is going to lose all legitimacy."
