Deconstructing Pretoria’s Latest International Court of Justice (ICJ) Submission.
By Yoram Blumstein
In Oscar Wilde’s 1895 play, An Ideal Husband, Mrs. Cheveley famously quipped that “only dull people are brilliant at breakfast.” This aphorism embodies classic Wildean satire of people who display early-morning, performative illocutionary acts of sagacity while lacking real substance. DIRCO’s (the Department of International Relations and Cooperation) August 2026 statement on South Africa’s submission to the ICJ bears a remarkable resemblance to Wildean wit. The accusations against Israel, as contained in the press release, are bereft of legal strategy and are not even based on the evidential foundations of probabilistic reasoning. This is nothing more than headline-setting and grandstanding to deflect attention from crucial domestic issues. DIRCO’s statement should not be construed as illogical or irrational, for there is “method in their madness”, as William Shakespeare might have added. The fact that the South African Presidency cleared DIRCO’s press statement shows intent.
This article argues that DIRCO’s “breakfast performance” must be seen in the context of political theatre and an obnoxious performance designed for domestic political expediency rather than grasping the prevailing facts on the ground and international law. DIRCO’s dossier on Israel’s so-called “non-compliance” with previous ICJ provisional measures will not be made public unless the plaintiff publishes it in full or a full bench of the ICJ commences deliberations on the submission. Notwithstanding this, DIRCO’s statement offers a vignette of the dossier, as it is laced with mendacity and utter “bullshit”. As such, the task of your writer is to deconstruct DIRCO’s ICJ statement, identify the thespians, question its underlying assumptions, and offer only the truth as opposed to its performative posture.
DECONSTRUCTION DIRCO “BREAKFAST” LIES
On August 25, 2026, DIRCO submitted a “dossier of evidence” (pursuant to Article 11 of the ICJ’s Internal Judicial Practice Rules) to an ICJ panel of judges alleging Israel’s “non-compliance with the court’s previous binding provisional measures. In essence, DIRCO cites casualties, displacement, deteriorating humanitarian conditions, mass starvation, the killing of journalists, a “so-called ceasefire”, etc. – purportedly perpetrated by the Israeli government.
To disprove the above lies, DIRCO’s statement:
- Absolved Hamas of blame.
- Failed to mention that Gaza is still an active war zone, as Hamas (while degraded, battered and bruised) is quietly rebuilding its military capabilities with the help of Iran, facilitated through a recent meeting between the Iranian regime and the terrorist organization’s expatriate political leadership in Tehran (Iran). The fact that Hamas recently elected Khalil al-Hayya as its political leader is an affirmation that the terrorist organisation is not prepared to disarm and will direct operations in Gaza from abroad, as some Hamas brigades are still operational and will not disarm – a key requirement as part of a later ceasefire framework.
- Ignored the fact that humanitarian aid has increased since the October 2025 ceasefire. However, logistical bottlenecks remain in meeting the daily (600) aid truck flows through various crossings as envisioned in the ceasefire. This is not a deliberate strategy by the Israeli government to withhold aid from Gazans but rather a corollary of logistical challenges caused by an active combat zone and the difficulty of aid distribution in the enclave’s collapsed infrastructure.
- Neglected to reference that Hamas is weaponising aid by intercepting humanitarian convoys to secure funds for its operational longevity, the same way as the late Somali warlord, Mohammed Farrah Aidid, during Somalia’s 1991 civil war.
- Slighted international and regional peace brokers by referring to “a so-called ceasefire.” The agreement signed in October 2025 is legitimate and involved Israel, the United States, Qatar, Egypt, Turkey and interlocutors representing Hamas. The Palestinian Authority (PA), while not included in the ceasefire negotiations, subsequently endorsed it, as did major Arab and Western capitals. In fact, Hamas has repeatedly violated the terms of the ceasefire as it refuses to cease hostilities, disarm and hand over the Strip to a body acceptable to Israel. A disarmed Gaza and the expulsion of Hamas’ remaining military leaders are a sine qua non for the Jewish state, as a repeat of October 7th is unfathomable.
- Submitted false claims that the Israel Defense Force (IDF) adopted a blanket approach to kill local journalists. On the contrary, some local journalists were discovered to be Hamas members.
- Overlooked the fact that child fatalities, while alarming and tragic, did not consider that Hamas recruited child soldiers, often through coercion. Under International Humanitarian Law (IHL), if a child carries a weapon and engages in hostilities, they are treated as combatants. However, the opposing force must exercise a “duty of care” and “maximum restraint” when dealing with child soldiers. The recruitment of child soldiers by Hamas is well-documented and constitutes a war crime, especially under the Rome Statute of the International Criminal Court. This effectively means that Hamas individuals and leaders in Gaza can be charged with war crimes under international law for recruiting and using child soldiers.
- Conveniently forgot to state that the IDF is the most moral army in the world, that warns residents through pamphlets, radio broadcasts, and “knock-on-the-roof” methods to shelter in place before it hits terrorist targets. In this case, international law permits the temporary transfer of residents to safe zones.
CONTEXT MATTERS
Given the lack of evidence :
– What motivated DIRCO to lodge an ICJ submission formally?
– What are the contextual factors?
– Who are the actors behind it?
DIRCO’s statement on the ICJ submission was designed to deflect attention from crucial domestic issues. DIRCO seems to have a quixotic obsession with the Jewish state and the Palestinian cause – issues that are not in South Africa’s national interests. It is peripheral, and the ICJ case has diverted millions of dollars from domestic priority programs. A country’s foreign policy extends its domestic policy. Yet, DIRCO cannot claim that the ICJ case and its ongoing diatribe against the Jewish state serve the domestic base. DIRCO’s trite rebuttal is that South Africa’s foreign policy is based on democracy, human rights and self-determination for the oppressed. This is hypocrisy personified, as DIRCO’s leadership engages in selective moral outrage while remaining silent on the genocidal actions of authoritarian regimes in the Middle East, Africa and beyond. The ICJ case serves the interests of the African National Congress (ANC), pro-Palestine activists, and senior government officials. It is palpable that the Islamists, in many guises, have an undue influence over South Africa’s Israel policy.
Although DIRCO claims to represent all domestic constituents, it is controlled by the corrupt, sclerotic and ossified ANC. Former DIRCO Minister Naledi Pandor, a veteran ANC politician, was the key architect of the decision to take Israel to the ICJ, with help from her former special advisor, now DIRCO Director-General, Zane Dangor. The timing of the latest ICJ submission also warrants scrutiny. It was submitted a few weeks before UNGA 81 (United Nations General Assembly) begins its annual anti-Israel gabfest in New York. South African leaders and diplomats will use the multilateral platform to promote and seek support for an unsubstantiated genocide case. This matters because momentum at the ICJ favours Israel, as some countries have distanced themselves from South Africa’s case. Columbia is a case in point. Although foreign policy rarely features in local government elections, the ANC is using the case for political expediency (as the party did in 2024 just before the national elections) to garner support, as opinion polls predict heavy losses for the party in key metropolitan areas due to service delivery failures, corruption, high unemployment, exorbitant crime, etc. These are “bread and butter” issues, and the French philosopher and diplomat Alexis de Tocqueville aptly remarked that real democracy takes place at the local level, in town halls. Yet, the ANC, which has ruled and pillaged South Africa for at least three decades, has failed to address crucial domestic issues and instead developed an idẻe fixe with Israel and the Palestinian issue.
QUO VADIS, DIRCO?
Oscar Wilde – known for his epicurean taste, hedonistic lifestyle, and nocturnal habits – would have satirically advised DIRCO to become nocturnal creatures, as logical reasoning (ratiocination), deep reflection and strategic thinking (in the mould of realist thinkers such as Niccolò Machiavelli, Hans Morgenthau, and Henry Kissinger happen after midnight, away from the morning’s geopolitical grandstanding and diplomatic theater. A nocturnal DIRCO would quietly build meaningful economic alliances with key regional and international players and sign trade deals to attract foreign direct investment (FDI). On paper, this is DIRCO’s foreign policy mandate, aligned with the South African government’s overarching National Development Plan (NDP) 2030, which aims to reduce inequality, alleviate poverty, and drastically create jobs. As of September 2026, South Africa’s unemployment rate stands at 33.6% (Statistics South Africa), one of the highest in the world, just behind Eswatini (34.4%) and Sudan (61.3%, primarily due to the civil war). Morocco has just overtaken South Africa as Africa’s most industrialised economy due to a pragmatic, business-friendly foreign policy that aligns with the Moroccan government’s domestic priorities. Despite South Africa’s economic malaise, DIRCO has become sublimely adept at shining at the breakfast table with meaningless, rushed media statements maligning the State of Israel, and has yet to master the art of nocturnal thinking.
About the writer:
Editor’s Note: Yoram Blumstein is a nom de plume the author uses to protect their identity because of previous security threats.
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