ICJ Gaza genocide case: South Africa set to discover law of unintended consequences

In 1958, Mao Zedong decreed that Chinese citizens should destroy the humble sparrow because the birds were eating much-needed grain in a country where hunger was a constant companion.

Dutifully, people took up the challenge, shooting the birds, breaking up nests, smashing eggs, and beating drums to scare the animals and prevent them from landing to rest. After two years, hundreds of millions of birds were dead as the sparrow approached extinction across China.

But destroying the sparrow resulted in one of the most devastating famines in recent history, killing 15-40 million Chinese citizens (the exact number remains subject to debate).

Why? Because it turned out that sparrows didn’t just eat grain. They also ate insects, including locusts with an appetite for crops. With its major predator effectively side-lined, the locust roamed rampant across China.

South African government about to learn law of unintended consequences

This is the law of unintended consequences, something that the South African government is about to discover.  

Israel is set to appear before the International Court of Justice and South Africa is thrilled with itself. 

This seems to be the perfect opportunity for the African National Congress (ANC) to reclaim some of its lost luster. A chance to showcase their values and their deep-seated concern for citizens of the world. Well, aside from Zimbabweans, the people of Iran, Muslims in China, and those of Ukraine, Cuba, Sudan, and so on. And well, aside from their own people of South Africa who boast the highest youth unemployment rate in the world, horrendous crime, poor healthcare, and a crippling power crisis. 

Finally, they can prove to South Africans, ahead of the 2024 national elections, that they are able to follow through on something. Israel, according to President Cyril Ramaphosa, is guilty of genocide. They are indiscriminately killing civilians in Gaza and they need to be urgently stopped.

The legal team that has been assembled by the ANC is a formidable one. Well versed, and well respected. Leaders in the field.

There are a few reasons, however, that make the case against Israel far from a “slam dunk.”

Hamas, in its charter, in its actions, and in its words vows to kill every Jew in the region (literally the definition of genocide).

Hamas has affirmed its actions of October 7 and has publicly stated that it will do it “Again and again and again.”

Hamas is still holding hostages, one of them baby Kfir who, if alive, will have celebrated his first birthday this week.

Hamas mass raped, tortured, and kidnapped women and killed children and civilians as they lay in their beds.

Hamas could end all killings by returning the hostages and surrendering. 

They have used billions of dollars intended for aid to build a tunnel system purely for terror; amassed and manufactured weapons still being used against Israelis towns; and “educated” the children of Gaza to hate Jews. 

They used hospitals and schools as military bases.

They prevented civilians from moving to safety. 

They launched rockets towards Israel, 20% of which fall back into Gaza itself, killing civilians. 

Add further, the fact that there was a ceasefire on October 6, which Hamas broke, and the fact that it continues to shoot rockets at Israel. Rockets that but for the Iron Dome would likely have killed thousands of Israelis. 

Israel will unquestionably have the required proof of the above. 

The court will need to consider the actions of the parties; consider the facts and if there indeed is a case of genocide, who the victim might be?

What does this have to do with sparrows in China? 

The answer is “unintended consequences.” The reality is that Israel has long struggled to be heard. The overwhelming support of Western media for the Palestinian cause and of academics and so-called progressives who align with the “oppressed,” has created a world of confusion. The repetition of “genocide,” of “apartheid,” of “ethnic cleansing” has worked to silence alternative voices, so indicated by the nebulous response to the rape of Israelis, to the taking of hostages, and to the relentless attack on Israeli cities.

By taking Israel to the ICJ, South Africa will finally provide Israel with a platform and an opportunity to be heard. 

Algorithms that until recently would have ensured that haters of Israel are sheltered from a counter view, media who might have avoided presenting alternative facts, and academics who have been tripped up in an Orwellian world of their own making will hear it from Israel.

It will not all go Israel’s way. There will be sound bites too, that will reflect poorly on some Israeli ministers. There will be incidents of war that are ugly. And there will be the exposure of terrible Palestinian suffering. 

And yet, by the conclusion and presentation of the facts, South Africa would have provided a platform that Israel has long sought. In doing so, the ANC will not only assist Israel but will expose itself as being the self-serving and hypocritical organization that many know it to be. 

In essence, by taking Israel to the ICJ, the ANC will be killing two birds with one stone. 

The writer is the South African author of three books. He is a featured weekly columnist on News24 and Jewish Report and is a talk show host on the Morning Mayhem. He is also head of marketing and people at Synthesis Software Technologies.