IS SOUTH AFRICA ABANDONING HER JEWS?

Failure to recognise that Zionism and Judaism are as intricately linked as Islam is with the holy cities of Mecca and Medina.

By Ben Levitas

In South Africa today it is anathema to hold sentiments sympathetic to Zionism or supportive of Israel. Use by government officials of pejorative adjectives like “Apartheid”, “Racist”, “Colonialist”, “Genocidal” have been normalized when referring to the State of Israel. The pernicious foundations for this odious attitude started with the inauguration of the ANC’s accession to power. Twenty-five years ago, Dr Neo Mnumzana, representing South Africa at the United Nations, said;

“Jews in South Africa come in many different political colours. There are those who belong to the Zionist movement and represent the same reality which is concretised in the state of Israel, and we disapprove of those members of the Jewish community who have these Zionist affiliations.”

**Troubling Times**. Writer on South African Jewish history, South African politics and the history of antisemitism, UCT Emeritus Professor, Milton Shain laments that “*What was once considered unacceptable is now acceptable*.”

Since then, the rhetoric has increased in tone and frequency. According to Professor Milton Shain, a leading scholar on anti-Semitism:

“What was once considered unacceptable is now acceptable.”

Jewish schools have been criticized and targeted for closure because they are deemed to promote Zionist values. These threats against Jewish schools and institutions came close to realization when ISIS members Brandon-Lee Thulsie and his twin brother Tony-Lee, planned to blow them up.

**Terror Thulsie Twins**. Brandon-Lee and Tony-Lee Thulsie – both linked to Islamic State (ISIS) – were convicted in 2022 for plotting to blow up the US Embassy and various Jewish institutions in South Africa. (Photo: Gallo Images/Papi Morake)

Some examples of similar threats made by leaders of PAGAD (People against Gangsterism and Drugs) during a so-called “peace march” in November 2023 were as follows:

“The Zionists in this country mustn’t think they can walk freely in this country”
“When we are going to unleash the Hezbollah, the party of Allah, they must run and they must hide under every stone they can find. The Koran is our constitution, jihad is our means”

Pagad leader Abdul Salaam Ebrahim then roused the crowd, saying it was time to “decentralise” the war and “get involved”.“We must go to their businesses. We must make sure that we target them the way they have killed our people. It doesn’t make sense for someone to leave this country and do his service in Zionist occupied Palestine and then we allow him to come back. We must make sure that we do the same things they are doing to us. If we are serious, then we must fight however we find them. We must boycott them, we must go to their homes, to their schools. We need to be serious if we say we’ll give our lives, our blood, and our souls. We must ask ourselves, are we ready to do it?”

**Galvanizing Hatred**. Pagad leader Abdul Salaam Ebrahim said in 2023 that by “putting pressure on the satanic Zionist regime” we would help Hamas, Hezbollah, Islamic Jihad, the people of Yemen and Lebanon.

MENACING MOUTHS

This descent into what was unacceptable language has also come from ANC Ministers and leaders, such as Fatima Hajaig who in her role as Deputy Foreign Minister referred to “Jewish money power” – a typical anti-Semitic trope. Tony Ehrenreich, leader of COSATU (a member of the tri-partite alliance) referred to Jews as owning most of the property in Cape Town, while also threatening Jewish owned businesses and encouraging Jews with Zionist leanings to leave South Africa.

**Sound Familiar?** Top South African trade-unionist and senior ANC politician, Tony Ehrenreich, has called on Jewish leaders supporting Zionism to leave the country and threatened Jewish-owned businesses.

In 2022 Chief Justice Mogoeng Mogoeng uttered a very benign remark in which he said that South Africa was “depriving itself” of an opportunity to be a “game changer” in the Israel/Palestine conflict due to its pro-Palestinian stance. An outcry of anger aimed at the Chief Justice ensued. He was severely criticized and censured and ordered to apologize for misconduct for “criticizing and proposing changes to the official policy of the South African government towards Israel.” The vehemence of the reaction made it impossible for him to return to his post and led to his early retirement.

In contrast there was a well-worn path of other Justices, such as Judge Seraj Desai, unapologetically aligning themselves with a pro-Palestinian viewpoint. When the SAZF (South African Zionist Federation) tried to hold Judge Desai to account, he not only refused to apologise, but doubled down on his pro-Palestinian sentiments.

MATCHING McCarthyism

The scaremongering of the governing ANC party aimed at undermining the very existence of Israel is reminiscent of the spreading of fear during the notorious McCarthy era in the US, a woeful period in American history of witch-hunting resulting in political repression. The targets then were Communists, the targets of the ANC are Zionists, but make no mistake the targets now are Jews! Still fresh in our minds is the recent stripping of David Teeger of the captaincy of the Under 19 Cricket team for expressing his admiration at a private event for Israeli soldiers in the recent Gaza war. The CSA (Cricket South Africa) statement – “Cricket South Africa has decided that David should be relieved of his captaincy for the (World cup) tournament” – went on to justify its stance that:

“This is in the best interests of all the players…..and David himself”.

The weak-kneed collapse by CSA to threats of the BDS movement indicate a lack of backbone to stand up to antisemitic intimidation.

In the view of law professor Ziyad Motala, anyone with Zionist sympathies should be disqualified from occupying any position representing the state. According to him:

“Teeger’s speech was not mere offensive speech. Instead, it was speech in support of Zionism, a political ideology of racism.”

“**OUT!” for being a Zionist**. In today’s South Africa, David Teeger as a Jew was good enough to be selected captain of the South African Under-19 cricket team but as a Zionist he wasn’t.

He used the same rationale to disqualify David Unterhalter from being considered for appointment to the Constitutional Court or the Supreme Court of Appeal. This was a subtler manifestation of antisemitism when the JSC (Judicial Service Commission) repeatedly rejected Unterhalter as a candidate for one of four vacant positions, despite him being eminently qualified and endorsed by Lawson Naidoo, Executive Secretary of the Council for the Advancement of the South African Constitution (CASAC).

He was questioned – more akin to ‘interrogation’ – for his past membership of the SAJBOD (South African Jewish Board of Deputies), which was founded in 1912 to represent and protecting Jewish interests and with a particular focus today in combatting the growing menace of anti-Semitism. In contrast to the SAZF (South African Zionist Federation), the SAJBOD representing Jews of all persuasions, does not have any specific Zionist role. The EFF party leader Julius Malema, who sits on the selection board of the JSC has opposed Unterhalter’s selection based on his vehemently anti-Israel bias and has threatened to support and supply Hamas with weapons. He has also threatened to not only shut down Jewish businesses but all businesses that deal or import any goods from Israel.

**Inciting to Kill**. EFF leader Julius Malema vows to fund Hamas if his party wins the 2024 elections saying, “When the EFF takes over next year it is going to arm Hamas and make sure they have the necessary equipment to fight for their freedom.” (Photo: Image: EFF Twitter)

Leading government’s charge against the Jewish state is its foreign minister, Naledi Pandor. She has gone beyond threats to cut off all business and diplomatic links with Israel or companies dealing with Israel. She has now championed herself as of the leaders of the international campaign against Israel by taking Israel to the International Criminal Court in The Hague, falsely accusing it of committing genocide against Palestinians but really aiming at delegitimizing Israel and preventing it from defending itself from terrorist attacks. She has cut all diplomatic links with Israel and taken the vitriol against Israel to another level. All visits to Israel and any contacts with Israeli leaders by any civil servant have effectively been banned. The ANC imposed on its members and on the Civil Service a hermitically sealed echo-chamber of anti-Israel views that all must conform with.

Recently in February, 2024 Member of Parliament, Ahmed Manzoor Shaik Emam of the National Freedom Party said in Parliament:

“But let me give a loud and clear message to the Democratic Alliance: If you think that the people of this country are going to allow you to take this beautiful country, the city of Cape Town of ours, and hand it over to the Zionists, the city of Cape Town will be a bloodbath, I can assure you [of] that.”

Continuing:

“We will not allow you to take this and sell it, sell your principles, your ethics, and values, like you have just pawned the land in the Western Cape to the United States and others. We will not allow you to make this a Jewish state!”

**Threatening a Blood Bath**. In South Africa’s parliament, Ahmed Manzoor Shaik Eman accused rival ‘Democratic Alliance’ party of handing Cape Town to “Zionists” and threated there would “be a blood bath”. The fiery parliamentarian bellowed: “We will not allow you to make this a Jewish state.”

SOUNDS OF SILENCE

The ANC government has been completely silent about all these hateful and hurtful threats. It is in denial that antisemitism exists. The Minster of Justice asserts that antisemitism “doesn’t exist at all.”

It is time to state unequivocally that these incendiary and inflammatory attacks on Zionism, go beyond the pale and are hurtful to Jews and make the continuation of Jewish life in South Africa untenable. It is also time to state unequivocally that Zionism and Judaism are as intricately linked as Islam is with the holy cities of Mecca and Medina. Jews believe that “out of Zion come the law of the Torah”. Zion is mentioned on 2,000-year-old coins found recently in archaeological digs in the City of David. Jews pray in the “Amidah” – the silent prayer, facing Jerusalem for the rebuilding of Jerusalem and the return of “the Davidic” throne in Jerusalem. Zion is the hill in Jerusalem where the grave of King David is believed to be located, making it and Jerusalem synonymous.

It is time to call the witch-hunt in South Africa against Zionism what it is really is – a witch-hunt against Jews and the continuity of a sustainable Jewish presence in South Africa.

About the writer:

A former Chairperson of the Cape Branch of the South African Zionist Federation, Ben Levitas includes among his alma maters, the University of the Witwatersrand, the Hebrew University of Jerusalem, the University of Pretoria and the London School of Economics.

While the mission of Lay of the Land (LotL) is to provide a wide and diverse perspective of affairs in Israel, the Middle East and the Jewish world, the opinions, beliefs and viewpoints expressed by its various writers are not necessarily ones of the owners and management of LOTL but of the writers themselves. LotL endeavours to the best of its ability to credit the use of all known photographs to the photographer and/or owner of such photographs (0&EO)

SAVIOUR OR SATAN’S HANDMAIDEN?

Lacking legal foundation and exploiting the law on genocide, why is South Africa doing the legal bidding of homicidal Hamas?

By Craig Snoyman

I was always a little sceptical about South Africa’s application against Israel in the International Court of Justice (ICJ). Possibly because Colonel Richard Kemp, the former British commander in Afghanistan, and Major John Spencer, an urban war specialist at Westpoint Military Academy- two internationally respected military experts – had ridiculed the idea of a genocide and possibly or probably – because I am Jewish and grew up with the words “Destroy the memory of Amalek, do not forget” which always sounded a little counterintuitive. For me, South Africa’s application to the International Court of Justice had the hallmarks of an ulterior motive.

**Masters at Masquerading**. Caring nothing for the massacre of Jews that occurred in Israel by Hamas, South Africa sends its legal pugilists to The Hague to falsely accuse Israel of committing genocide. It failed.

Many people in South Africa watched the ICJ hearing at The Hague. I was shocked when South Africa attempted to explain Netanyahu’s interpretation of Amalek. For secular Jews like myself, Amalek has always represented the eternal enemy that rises against the Jews in every generation. However, the story of the prophet Samuel instructing King Saul to go to war, was unknown to most of us who have only read the five books of Moses. It added an unfamiliar perspective. Another surprise was my old law professor’s explanation – Prof. John Dugard – of the dispute between South Africa and Israel which teetered on misrepresentation. Was there even a genuine dispute? The description of the situation in Gaza was tragic but sadly similar to what occurs in all wars. However, in Gaza, the enemy was hiding behind civilians – men, women and children, young and old. If the Court could not enforce a ceasefire on Hamas, then it would be unreasonable to so order Israel which was acting in defence following a massacre of its citizens – mostly civilians and who were set on freeing its hostages. South Africa’s demand for an immediate ceasefire was doomed from the start.

The court ruled that there was a valid dispute but refused to grant the immediate ceasefire. It handed down various precautionary measures. I was left with the impression that any warring country could be subjected to charges in terms of the Genocide Convention as there is always the lingering doubt that just maybe there might be a “plausibility of genocide”. South Africa hailed the judgement as a great victory but Israel continued its war of defence with Hamas.

The Director General of DIRCO (Department of International Relations and Co-operation) justified how “the ICJ had effectively ordered Israel to immediate cease-fire” and then referred the matter back to the ICJ, within 3 weeks of the judgment being handed down. South Africa applied to the court for further urgent precautionary orders preventing Israel from continuing its unprecedented military action in Rafah. Second time round, the South African expectation – or blind hope – was surely to achieve a more substantive result than initially handed down.

South Africa’s claim requested that the Court consider exercising its power under Article 75(1) of the Rules of Court that provides:

“The Court may at any time decide to examine proprio motu whether the circumstances of the case require the indication of provisional measures which ought to be taken or complied with by any or all the parties.”

The term “proprio motu” is not commonly used, but is defined as “an official act taken without a formal request from another party” – in other words, on one’s own initiative.

South Africa reminded the Court that it had “full discretion to exercise this power without any hearing or submissions by parties, and should do so.”

VAGUE AT THE HAIGUE

Israel described South Africa’s new request as “unfounded in fact and law” and “morally repugnant.” Israel pointed out that Article 75(1) of the Rules of Court allowed the court to issue provisional measures of its own accord, but not at the request of a party. It stated that factually, there had been no change in the situation in Gaza on the ground since the ICJ hearing and the alleged “unprecedented military offensive in Rafah” had not happened.

**Back to Court**. South Africa rapidly returns to the ICJ only for its request for urgent measures to limit Israeli action in Rafah to be rejected. (AP/Peter Dejong)

South Africa came to the Court with two aims. The first was to arrogantly remind the court that it was failing to do its job and therefore was incumbent of the bench to take more decisive action. The second was that the court should henceforth so proceed without Israel even being afforded a right to respond. As any experienced courtroom practitioner should know, judges hardly appreciate being told by counsel that they are not doing their job. Also, it would be extraordinary for a court to impose extremely onerous conditions on a party without hearing what that party has to say. Not only did South Africa attempt to bully the court, but attempted to exclude Israel from the process. These was not a sound basis for a successful application!

So why did South Africa institute this application? With Israel’s assault on Rifah looming, the most logical explanation was its attempt to undermine Israel’s military progress – in other words to obtain a complete cessation of hostilities – the permanent ceasefire that it had initially sought from the court. Another plausible and possibly additional explanation could be that the Court would oblige Israel to submit regular reports as originally demanded and that South Africa would then claim non-compliance with each report and publicise this non-compliance bringing further international opprobrium on Israel. In other words, using the court of law to impact on the court of public opinion.

The ICJ responded remarkably quickly and gave short shrift to the South African application. It stated that there were already emergency measures in place throughout Gaza, which included Rafah and there was no reason to vary the original order.

The South African government spun this application as a win. It stated that the Court “acknowledged that Israel’s planned incursions in Rafah would render what is already a humanitarian disaster even more perilous.” No longer was it alleged that Israel had already invaded Rafah – the very grounds that South Africa relied upon to justify both extreme urgency and the prevention of Israel’s right to be heard. The spin that “Any decision by Israel to engage in military activities against Palestinians in the current circumstances is a violation of the order of the International Court of Justice” was contrary to the express ruling of the Court, which emphasised “that the State of Israel remains bound to fully comply with its obligations under the Genocide Convention and the Order…”

The Court accepted that Israel was acting in terms of the order. South Africa persists in spinning the myth that Israel is not.

Is South Africa – as accused by Israel – the “handmaiden of Hamas”? Had South Africa demonstrated “an intention to abuse the Genocide Convention?” South Africa’s courting of Hamas, both at home and abroad, suggests this accusation has merit. The statement by South Africa’s foreign minister, Naledi Pandor that all the advocates donated their professional services rings hollow, particularly concerning the two King’s Counsel who have no allegiance to South Africa.

**Site of Sorrow**. By instituting action against Israel at the ICJ, “South Africa seeks to allow Hamas to return to commit the war crimes,” says Israel. (Photo: Jack Guez/AFP via Getty Images) JANUARY 11, 2024 4:45 PM CET

Was South Africa bought and paid for to render services for Hamas?

The application was prima facie dishonest and irrational. The allegations made by South Africa were untrue, and easily disprovable. Its demand for the exclusion of Israel’s input was duplicitous. Once again, its aim appeared to have the Court unilaterally further tie the hands of Israel in its war against Hamas.

South Africa has tarred Israel internationally as a “genocide nation”. The ICJ will investigate and eventually confirm the view of Major Spencer that “For Israel’s part, it’s taken more care to prevent civilian deaths than any other army in human history”?

How is South Africa going to cleanse itself of the blood libel that it has propagated? Does it even care?

27 Jan 2024: Kemp explains why Israel is not guilty of genocide and why Hamas, Hezbollah, and their patrons in Tehran are.

About the writer:
Craig Snoyman is a practising advocate in South Africa.

While the mission of Lay of the Land (LotL) is to provide a wide and diverse perspective of affairs in Israel, the Middle East and the Jewish world, the opinions, beliefs and viewpoints expressed by its various writers are not necessarily ones of the owners and management of LOTL but of the writers themselves. LotL endeavours to the best of its ability to credit the use of all known photographs to the photographer and/or owner of such photographs (0&EO).

SHORT-SIGHTED SOUTH AFRICA

Looking East instead of West, South Africa’s ruling ANC fails to see ills closer to home

By Kenneth Mokgatlhe

South Africa’s late unsung philosopher hero, Robert Mangaliso Sobukwe said during the launch of his Pan Africanist Congress party in 1959:

“I wish to make it clear again that we are anti-nobody. We are pro-Africa. We breathe, we dream, we live Africa because Africa and humanity are inseparable.”

Sobukwe was a political strategist who was cognisant of the balance of power. While it is prevalent that he was inspired by the outcomes of the Bandung Conference in 1955 where 29 Asian and African countries resolved not to take either side of the East or the West, it is clear that Sobukwe acknowledged that African countries had a fundamental duty of building inclusive and effective state institutions, policies and systems to replace the foreign systems which were imposed by the colonialist.

Numerous African and Asian countries are still adhering to the principles of the Non-Aligned Movement in the current conflicts between Israel and Hamas as well as Russia and Ukraine. South Africa has recently made headlines when it took Israel to the International Court of Justice (ICJ) on the accusations of genocide by Israel against the people of Gaza.

Pretoria’s foreign policy has shifted from the West to the East political and economic bloc. In 2010, under the country’s controversial former leader, Jacob Zuma, South Africa joined BRICS to become BRICS (Brazil, Russia, India, China, and SA) a move that was seen as the adoption of the “Look East Policy”. South Africa has sought to strengthen its ties with East powers such as Russia, China, Turkey, Iran, and others in recent years.

**The Boys of BRICS**. Clasping hands at the BRICS Summit in Johannesburg on August 23, 2023 are South African President Cyril Ramaphosa (centre) with from (l-r) Brazil’s President Luiz da Silva, China’s President Xi Jinping, Indian Prime Minister Narendra Modi and Russia’s Foreign Minister Sergei Lavrov. (Photo: Alet Pretorius/pool/AFP via Getty Images)

Ever since the ANC emerged as South Africa’s governing party in 1994, it has confounded many with a seemingly inconsistent foreign policy taking contradicting stances on global issues. End result, the ANC stands exposed as hypocrites. They do not see anything wrong with supporting and associating with Russia’s Vladimir Putin whom they believe is a hero for invading and mass killing Ukrainians but accuse Israel of committing genocide when it responds in defense of its people.

The ANC is complacent about what the ruling tyrant ZANU-PF party is doing to its oppressed people. Today, nearly four out of every five Zimbabweans just about survives in absolute poverty. Zimbabweans on average are poorer now than they were at independence in 1980. Zimbabwe’s grave humanitarian crisis is only being met by increased state repression. It is mind-boggling to think that while the Zimbabweans have been oppressed in the backyard of South Africa for decades, our ANC government turns a blind eye and instead focuses on issues taking place a continent away! If South Africa cares about the welfare of people and the abuse of human rights, why has it turned its back on the long-suffering neighbouring Zimbabweans?

**Skewered Scruples**. South Africa is failing but it is also failing its northern neighbour Zimbabwe too by turning a blind eye to gross human rights violations.

With the ANC’s erratic foreign policy – dubious at best on issues of morality – it came as little surprise to read about the unholy meeting between Cyril Ramaphosa and Mohamed Hamden Dagalo who is chiefly implicated in the 2005 genocide in Darfur, Sudan. Well, we should all remember that the International Criminal Court ruled that South Africa was guilty for failure to arrest the former Sudanese president Omar al-Bashir who is accused of war crimes, genocide, and violations of human rights.

**Embracing Killers**. Judges at the International Criminal Court strongly criticized South Africa for its failure to arrest president Omar Hassan al-Bashir wanted on charges of “crimes against humanity” for his government’s violence in Darfur when he visited Johannesburg in 2015.

Instead, South Africa, under the ANC, is continuing to use every little chance they get to delegitimize the State of Israel. This obsession by the ANC has nothing to do with resolving the historical and political impasse between Israel and Palestine. Trivialized and politicized, the Israel-Palestine issue is now used as an electioneering weapon to deflect and defocus the attention and sobriety of voters who are so disillusioned with the bad record of Nelson Mandela’s party.

If we are really to believe that our foreign policy is premised on the principles and values of human rights, why does the ANC not apply the same humanitarian concern to its neighbour – the long-suffering people of Zimbabwe?

I am just worried by the ANC’s growing and increasing coziness with Hamas, a terrorist group that does not have regard for the people they claim to be waging the struggle for. Does the ANC know that Hamas has been diverting funds meant for the civil services of the people of Gaza since 2005 to build tunnels and buy armaments in a bid to eradicate the State of Israel? And furthermore, is the ANC so ignorant that it is unaware that when Hamas supporters chant – including our foreign minister Naledi Mandisa Pandor – “From the river to the sea” that they mean the destruction of the Jewish State.

**Morally Malignant Minister**. Foreign Affairs minister, Naledi Pandor, panders to Hamas thus aligning South Africa with the perpetrators of a massacre of Jews.

A SEA CHANGE
Whatever happened to the ANC when on the eve of South Africa’s democracy three decades ago condemned the senseless attacks by the PAC against innocent civilians because they were White? The ANC then encouraged dialogue thus preventing a huge loss of life and lambasted those who were calling for white people to be driven off into the sea. That ANC is today is unrecognizable! Where they once stood for not driving the Whites into the sea, today they embrace killers whose sole aim is to drive the Jews of Israel into the sea.

About the writer:

Kenneth Mokgatlhe is a political writer and columnist studying Master’s at Ben Gurion University in Israel.

LETTER FROM ISRAEL AT WAR – WEEK 19

Shame on those who act against Israel in the name of “human rights” but then discriminate against my people and hold them to a different standard

By Harris Zvi Green

My dearest friends,

For me, this week started off on the wrong foot with the sudden passing of a dear friend of more than 60 years. Finding the words to comfort her family was so difficult. As one grows older, one becomes more experienced in things like this, but none of the stock phrases reserved for bereavements, could adequately express my deep sorrow. May her family be comforted amongst the mourners of Zion and Jerusalem.

Last Friday morning, I attended a demonstration of the expatriate South African community in Israel to protest the South African Government’s decision to file charges of genocide against Israel at the ICJ. This issue continues to annoy and disturb me.

**Setting it Straight**. Identifying the true nature and perpetrators of genocide, Nazi hunter and Director of the Simon Wiesenthal Center in Jerusalem, Dr. Efraim Zuroff, speaks at the TbT/Telfed protest against South Africa’s government in Ra’anana, Israel on February 2, 2023. (Photo: **https://www.youtube.com/watch?v=zScK9MiZk2s**)

One of the speakers, Dr. Efraim Zuroff, Director of the Simon Wiesenthal Center in Jerusalem, said:

“It’s all politics. It’s all bullshit.”

Be that as it may, the politics and the bullshit, under the patronage of the international community, are stirring up anti-Israel and antisemitic rhetoric around the world.

Hamas and the other Iranian proxies in the region are becoming increasingly emboldened while antisemitism is sweeping through the streets of Europe and across university campuses in the United States at an unprecedented rate. Jewish communities around the world are becoming increasingly threatened.

The atrocities perpetrated by Hamas on October 7 are no longer an issue. The holding of 136 Israeli hostages for 126 days has been relegated to the back pages of the newspapers. The brutal killings and the gang rapes have long been forgotten. The outrageous charges made at the ICJ, the absurd comments made by the UN Secretary-General and the financial hold Qatar has on much of the media and academic institutions around the world, have effectively buried these issues.

I’m sick of the double standards, the demonization and the delegitimization. I’m more than disappointed with those who claim to act in the name of human rights but who repeatedly discriminate against my people and hold them to a different standard.

**Selective Sight**. Israelis (seen here in Tel Aviv) are constantly concerned for their hostages who are not only buried underground in Gaza’s tunnels but are buried by the global media from world attention. (Abir Sultan/EPA/Shutterstock)

I’m happy for Israel to be held to the highest standard, but this standard must be binding on all.

I recently read a review of a new book entitled “Ethics of our Fighters” by Rabbi Shlomo Brody. In the midst of dealing with an existential threat and facing orchestrated criticism from our enemies, I found the book most interesting. It’s thought provoking and presents a multitude of issues that challenge the moral fiber of a nation at war.

The author relates to the criticism being levelled at Israel that Judaism is making us conduct our war for survival in an unethical manner. He believes traditional Jewish ethics contribute positively to the IDF’s moral behavior on the battlefield.

Rabbi Brody explains that in-depth research of traditional Jewish texts reveals that Judaism encompasses many values, including the importance of destroying evil. Judaism believes all humans are created in the image of God. It cares about the deaths of all human creatures and doesn’t require unnecessary deaths or collateral damage to achieve military objectives. Judaism brings a balance of values to address these complex moral and ethical issues.

The Rabbi believes much of the criticism of Israel is based on an exclusive concern for upholding human rights without giving any consideration to the need to destroy the forces of evil that threaten our very existence. He notes that Israel, in her efforts to avoid randomly killing innocent Gazans, should not put her own soldiers at unnecessary risk. This, too, represents a serious moral and ethical dilemma.

**Ricky Business**. The labyrinth of terror tunnels beneath most of Gaza are a constant danger to Israeli soldiers searching for the hostages.(AP Photo/Jack Guez, Pool, File)

As Rabbi Brody concludes, there’s clearly a need to develop our moral fortitude to fully understand why we’re fighting this war. We need to win this war by doing what’s right and this includes destroying the forces of evil.

We need to judge ourselves by our own moral standards and not be deterred by selective criticism and the double standards used by our enemies. Responsibility for the deaths of non-combatants lies solely with Hamas who exploits them as human shields. The fact the world doesn’t recognize this, should be of no relevance to us.

Thanks to those of you who regularly inquire about the wellbeing of my family. Your concern means so much to me.

Ariel has made a good recovery from his injuries. He still requires some minor surgery. The doctors are confident he’ll be as good as new. Omer, too, will undergo surgery to address the infection at the bottom of his back. Much to his disappointment, this will sideline him from military action for the next two months. Ori has been released from the army for a few months and has resumed his studies. Eyal, too, has resumed his studies while Linor is preparing to embark on her academic career.

This war has been a major strain on my children. Having to contend with younger children in addition to worrying about the safety of their serving children in these tense and difficult times, has been a huge challenge.

The spouses of my grandchildren are also deserving of praise for providing their spouses with the encouragement and peace of mind to achieve their goals on the battlefield. I’m so proud of the way they handle themselves. These are the people who are winning this war for us.

My condolences to those mourning their nearest and dearest. My wishes to the injured for a complete and speedy recovery. May God protect our brave soldiers. May the hostages soon be reunited with their families.

Wishing you all Shabbat Shalom and better times ahead.

Am Yisrael Chai.

Harris Zvi Green

About the writer:

Harris Zvi Green was born in Cape Town, South Africa. Aged 77, he made Aliyah 53 years ago. An accountant by profession, he served as the Chief Financial Officer for a number of Israel based hi-tech companies. He is married to Phyllis. They have 3 married children ,13 grandchildren and 3 great-grandchildren. Harris Zvi Green is a founder member of Truth be Told, an organization engaged in public diplomacy on behalf of Israel.

CRYING FOR THE BELOVED COUNTRY.

While South Africa goes to The Hague against Israel, former South Africans living in Israel go to central city square in protest against South Africa.

By Rolene Marks

“Many of us here fought apartheid because it went against our morals and values as Jews, as Zionists. We said not on our watch. We will not be silent. We were not silent then and we will not be silent now as South Africa singles out the only Jewish state for condemnation and opprobrium. It is a betrayal of what we fought for. It is a betrayal of South Africa’s noble constitution. We will not be silent.”

It was a privilege to address a protest of South African Olim who gathered in Ra’anana to protest the growing hostility shown to Israel by South Africa. In the last two decades, bilateral relations between the two countries have been frosty – but since 7 October, they have been icy. Bilateral relations between the southern African country and the Jewish state are so icy you can skate on them.

**South Africa sinks to New Low**. Proudly brandishing Israeli flags, former South Africans living in Israel, protest in Israel’s central city of Ra’anana against their former country’s government *(Photo: Ilan Ossendryver)*
.

In the wake of the 7/10, massacre and war against Hamas, the ANC and supporters have grown increasingly more hostile towards the Jewish state, culminating in the court case at the International Court of Justice at The Hague. Outraged South Africans in Israel also wanted to stand in protest against this but also in solidarity with Jews in South Africa who are experiencing a rise in antisemitism.

Master of Ceremonies, Truth be Told’s David Kaplan made a point of saying, “The demonstration is not against South Africa or its people, but against its disgraceful government. I am proud to stand here as an Israeli, but I am ashamed of the government of my homeland, for stooping so low. It is a danger to Judaism.”

**Red Line Crossed**. Braving a forecast of hard rain, former South Africans came out to protest against the South African government’s unjust pursuit to accuse Israel of genocide.(Photo: Ilan Ossendryver).

Despite the inclement weather, the protest attracted between 150-200 people outside Yad Labanim in Ra’anana. The venue was not just convenient, but the display of metal hearts, each bearing the name and face of a hostage currently held in Gaza by Hamas terrorists, was an aching reminder that while we could protest freely, 134 men, women and children are still in captivity. At the time of writing, it was confirmed by the IDF that 2 hostages had been rescued in a daring operation in Rafah. It was also confirmed last week that 32 hostages had been killed, and their families notified.

**Once Proud, Now Ashamed**. “It is a disgrace that the SA government, the puppet of Iran, has seen fit to take Israel to the ICJ,” says Telfed chairman, Maish Isaacson. “We, as proud former South Africans are embarrassed, shamed and disgusted by its actions and distance ourselves from them.”

Wandering amongst the flag-bearing crowd, many expressed their anger at the ANC – but also great concern about the growing hostility of the ANC and their supporters – and how it affects the Jewish community. “My elderly parents are there, they cannot afford to make Aliya and I am really worried,” said one flag-bearing protester who preferred not to tell me her name. Christian allies came to show their solidarity which was so greatly appreciated.

**Silence is not an Option**. “We will not be silent,” says National spokesperson for the SAZF, Rolene Marks.

Organised by Truth be Told, a media rapid response team and Telfed, the event was not against South Africa or its citizens, but an important opportunity for the olim community to express their outrage. Outrage was specifically targeted at the allegations of genocide. Many in the crowd had children or grandchildren serving in the IDF. The accusations of genocide are very personal to Israelis – we know our army follows the strictest code of conduct and we are still reeling from that Black Sabbath. For South Africans in Israel, the feeling of betrayal by the country we were raised in was palpable. Harris Green from Truth be Told, addressed the crowd, “My father was born in South Africa, he served his country and he would be outraged at what has happened. It is a betrayal of the Jewish community who fought to end Apartheid and contributed so much to South Africa.”

**Expressing Outrage**. Cofounder of TbT, Harris Green, berates South Africa’s betrayal of its Jewish community who fought to end Apartheid and contributed so much to South Africa. MC and TbT cofounder, David Kaplan looks on.

Other speakers included Telfed Chairman, Maish Isaacson, SAZF Spokesperson, Rolene Marks, Simon Wiesenthal Centre Chief Nazi Hunter, Dr Efraim Zuroff, bereaved father, Clive Chitiz, and a musical tribute to Israel’s fallen soldiers by Richard Shavei Tzion and his daughter, Tanya Yuspov. Tears flowed as Tanya, in her beautiful voice, pleaded:

“Avinu Malkeinu – our Father, Our King”

**Ultimate Sacrifice**. To South Africa’s false libel that the Jewish state is committing genocide, former South African, Clive Chitiz, responds with a moving tribute to his son Yaron who fell in Gaza bravely fighting for the survival of the Jewish people (Photo: Les Glassman).

Former Knesset member Ruth Wasserman Lande, who was raised in Cape Town and graduated from Herzlia High School before making Aliyah, spoke about her experience speaking to the South African media during these last few months and how they failed to broadcast an interview with her that explained the Israeli experience. Wasserman Lande addressed the ANC’s motivation for hostility against Israel adding:

“Justice is with us; the ruling party of South Africa has sold its soul to Iran.”

**Time to Tell the Truth**. “I salute you for coming here today,” says former MK Ruth Wasserman Lande. “There are many millions in South Africa that want to hear the truth but the truth is taken away from them, like many in the world.” *(Photo: Les Glassman)*

Clive Chitiz, whose son Yaron fell in battle in Gaza, reading the last interaction between them, spoke about how his son had assisted civilians in Gaza and how throughout his 82 days of service, not a single bullet had been fired. Accusing Israel of the crime of crimes, genocide, is an appalling insult to the IDF soldiers who take every precaution to save civilian lives.

**A Man familiar with Evil**. Director of the Simon Wiesenthal Center (Jerusalem) and Chief Nazi Hunter, Dr. Efraim Zuroff enlightens on the true nature of genocide. (Photo: Les Glassman)

Dr. Zuroff compared the ANC’s actions to the infamous UN declaration in 1975, stating that Zionism is racism. The ANC’s accusation of genocide is the most modern iteration of the ancient blood libels against Jews – this time against the Jewish state.

**Message from Jewish Leadership**. Hilary Kaplan reading the message from Zev Krengel, Chairman of the SAJBOD: “We thank you for coming out today, not only to express your outrage to South Africa’s appalling treatment of Israel, but also in support of our community.”

The message of the protest, which drew many curious onlookers, was not just to condemn the ANC for their growing alliances with pariah states like Iran and terror organisations like Hamas, but also to show the community in South Africa that we resolutely stand with you.

‘**Hatikvah**’. Concluding the protest, Richard Shavei-Zion and daughter Tanya Yuspov lead in the singing of Israel’s national anthem.

A message of solidarity from Zev Krengel on behalf of the South African Jewish Board of Deputies (SAJBOD) was read out by former Telfed vice-chair Hilary Kaplan as was a message from the chairman of the South African Zionist Federation (SAZF), Rowan Polovin by the writer. Polovin encouraged those who are eligible to vote in the upcoming elections, to please do so. The message of the protest, which drew many curious onlookers, was not just to condemn the ANC for their growing alliances with pariah states like Iran and terror organisations like Hamas, but also to show the community in South Africa that we resolutely stand with you.

We stand with you – but we are crying for the beloved country.

Courtesy of Les Glassman

*Feature picture: Courtesy Ilan Ossendryver

IT’S TIME TO END THE WAR…. THE 1948 WAR, THAT IS!

Facilitating an ever-increasing Palestinian refugee population, UNWRA ensures its existence by exacerbating a crisis it was created to resolve.

By Craig Snoyman

On Friday 14 May 1948, David Ben Gurion declared that there would be an independent Jewish state. At midnight and as soon as the world had its first Jewish state for 2000 years, that state was at war with its neighbouring Arab states.

When the fog of war lifted, hundreds of thousands of Arab refugees had fled the Jewish state and hundreds of thousands of Jews had been expelled from Arab countries. The approaches to dealing with the refugees were dealt with very differently by the opposing parties. The cash-strapped fledgling state agreed to absorb all the Jewish refugees. The Arab countries placed the refugees that had fled Israel, into refugee camps with the promise that they could return to their homes once Israel was destroyed. These refugees were not allowed to integrate into the economies they found themselves.

Terror Tunnels and UN Aid. The discovery in December 2023 of UN and USAID sacks being used by Hamas to construct terror tunnels in Gaza raised questions about the security of humanitarian aid falling into the hands of the terror group.

To deal with the Arab refugee crisis, a new organisation was born. The United Nations established a relief organisation called the United Nations Relief and Works Agency, commonly referred to as UNRWA. While the UN already had a refugee assistance body, the UN High Commissioner for Refugees (UNHCR), it was deemed necessary to create a special temporary body to deal with the Arab refugee crisis – “The Catastrophe” or “Nakba”, as the Arab countries called it.

According to UNHCR, a person is no longer a refugee if he or she has “acquired a new nationality, and enjoys the protection of the country of his new nationality”. Furthermore, according to UNRWA, a Palestine refugee is a “person whose normal place of residence was Palestine during the period 1 June 1946 to 15 May 1948 and who lost both home and means of livelihood as a result of the 1948 conflict…as well as their descendants”. Each descendant of the original refugees from the war is automatically registered as a refugee. Palestinians remain refugees in perpetuity. UNRWA boasts that:

“When the Agency began operations in 1950, it was responding to the needs of about 750,000 Palestine refugees. Today, some 5.9 million Palestine refugees are eligible for UNRWA services.”

Under UNRWA stewardship, there has been no resolution of the refugee crisis and the number of Palestinian refugees has increased exponentially. Each Palestinian refugee can claim the right to relocate to the State of Israel (‘the right of return’). UNRWA, like Israel’s neighbouring Arab countries, has obstructed the resettlement of the refugees in the areas where they reside or allow for relocation in in other countries.

The humanitarian agency providing education, health care and social services to needy Palestinians in the West Bank, Gaza, Jordan, Syria and Lebanon, UNRWA employs at least 30,000 personnel and has an annual budget of $1.2 billion. For as long as there are Palestinian refugees, UNRWA will, like Audrey the man-eating plant in Little Shop of Horrors, demand that the world “Feed me, Feed me”. By ever increasing the number of refugees, UNWRA ensures its existence by inhibiting resolution of the crisis that it was created to resolve.

Following generations of Palestinians having received an UNRWA education, respected polls over many years have consistently revealed disturbing attitudes of those who passed through the educational system. At least four generations have been taught that Israel has stolen their land, there is no such entity as Israel, that they will return to the homes of their grandparents or great-grandparents, and the Jews will be thrown into the sea or return to Europe. Under the Palestinian right of return, the Jews that remain will be a minority in their own country.

**Israel does not Exist**. A map at an UNWRA school for Grade 5 is titled “Physical Map of Palestine”

So many of the textbooks are so antisemitic that certain countries recently refused to continue sponsoring UNRWA. Maps in these textbooks deny the existence of Israel referring to it as Palestine. Each UNRWA school allows for students to be recruited to the Islamic Bloc, Hamas’s student group. UNRWA teachers have for many years been voted into senior Hamas positions, without sanction. Is it any surprise that 85% of the Gazan population expressed support for Hamas following the 7 October massacre and calls for the elimination of Israel, remain ever-present. By contrast, denazification education in post-WWII Germany resulted in patent antisemitism disappearing within one generation.

Over the years, complaints had been addressed to UNRWA, mostly by Israel, that Hamas:

– was constructing terror tunnels under its schools

– storing weapons in or near the Agency’s facilities, including schools

– its antisemitic academic syllabus and

– employment of active Hamas terrorists.

UNRWA has refrained from openly condemning Hamas or holding it directly responsible for any misconduct. UNRWA has avoided alienating Hamas and Palestinian Islamic Jihad. Much like anything else in Gaza, nothing can be done without Hamas’s approval. However, by being an organ of the United Nations, UNRWA is clothed with legitimacy and swats away such complaints with impunity.

**Health Hazard Hospitals**. From inpatient wards to the hospital basements, Hamas turned Gaza hospitals into terror centers.

In 2014, it was an open secret that Hamas had a control centre under Al-Shifa hospital. This was denied by UNRWA and more vigorously by the doctors working in the Hospital. On a recent visit to South Africa to highlight Israeli “atrocities” in Gaza, Dr Madds Gilbert, addressed audiences stating that in the 20 years he had been working in hospitals in Gaza, he emphatically denied ever seeing any sign of Hamas activity in the hospitals. The facts that have been exposed by Israel since entering these ‘hospitals’ – revealing Hamas’ use of them for purposes of terror – reveal Dr Gilbert was at ease lying to gullible audiences throughout South Africa.

**Doctor Denies**. Contrary to the clear evidence revealed by the IDF, Dr. Mads Gilbert tells South African audiences during a visit in November 2023 that in 20 years of working in Gaza, he had never seen any Hamas activity in hospitals. (Photo: Norah Tape, The Palestine Chronicle)

Since the invasion of Gaza, the Israeli Defence Force has revealed Hamas tunnels under virtually every UNRWA school and posted videos showing that every single hospital in Gaza served as a Hamas command post, with tunnels underneath them. One hospital head confessed that he and at least 16 staff members were also members of Hamas. The director of Gaza’s Kamal Adwan hospital in Jabaliya, revealed in a Shin Bet interrogation that his northern Gaza hospital was turned into a military facility under Hamas’s control and that at one point, it had housed a kidnapped soldier.

**Docter Divulges**. Director of Gaza’s Kamal Adwan Hospital in Jabaliya, Ahmed Kahlot, reveals during interrogation that his hospital was used as a military facility by Hamas. (Photo Shin Bet)

Also discovered was that UNRWA properties have been found to have stored rockets and munitions and that UN material had been used in the construction of terror tunnels. While it would appear that Hamas terrorists have had free access to UNRWA supplies, both pre-and post-discovery, UNRWA has remained silent.

Hillel Neuer of Human Rights Watch recently disclosed that UNRWA employees had their own private media communication channel. Immediately following October 7, over 2500 Hamas-supporting UNRWA teachers openly celebrated the massacre.

The war has stripped away UNRWA’s façade and exposed its complicity with Gaza’s terrorist groups who are out to destroy Israel.

Its initial mission long obsolete and fostering anti-Israeli sentiment and Jew-hatred, UNWRA now needs to be dismantled.

The battle in the area of Gazan hospital where weapons were later found in the hospital as expected.

About the writer:

Craig Snoyman is a practising advocate in South Africa.

LETTER FROM ISRAEL AT WAR – WEEK 18

While a bitterly cold front hampers our brave soldiers, a frosty front from UN organs towards Israel undermines Gaza solution.

By Harris Zvi Green

February 2, 2024

My dearest friends,

This week has been a particularly wet one. Israel is usually at its happiest when it rains. The level of Israel’s largest natural water resource, Lake Kinneret, remains the most accurate reflection of our national mood. On this front, we’re doing well.

This year, our main concern regarding the weather, is its effect on the wellbeing of our soldiers. Ori sent us some photographs of his activities along the Lebanese border. Cold, wet, misty and muddy is the way to best describe them. Makes me realize how fortunate I am to be able to curl up under my warm blankets while our soldiers protect our borders with such dedication and under such difficult conditions.

**Out in the Cold**. Israeli military reservists are serving in the winter snows of Mount Hermon in the Golan Heights where they are defending the country from possible attack by Hezbollah terrorists. (Photo February 1, 2023 by Eitan Elhadez-Barak/TPS)

We spent last Friday glued to our television sets trying to understand the initial rulings of the International Court of Justice. What upset me most, was that Hamas wasn’t there to answer for their war crimes before, on and after October 7. This travesty of justice completely undermines the attempt to legally adjudicate the conflict.

The judges at the ICJdid not issue an interim order demanding an immediate cessation of the hostilities. I guess this means the court is of the opinion that Israel enjoys the right to self-defense including the elimination of Hamas and its military infrastructure. The court is also of the opinion that Israel has not committed acts of genocide.

The ICJ judges called for the immediate and unconditional release of the hostages. Who, I ask, is expected to deliver on that? The judges didn’t even suggest a candidate for the job. Yet another example of lip service being paid to an issue nobody wants to take ownership of.

The judges also insisted that more humanitarian aid be provided to Gaza. This responsibility has been assigned to Israel. Surely humanitarian aid to Gaza should be contingent on the immediate and unconditional release of the hostages. What can be more humanitarian than releasing innocent hostages? But the judges chose to remain silent on this.

The most ridiculous ruling made by the judges was the one which speculated that Israel might, in the future, commit acts of genocide. I’m not a lawyer, but I believe judges should adjudicate the facts and not engage in speculation.

The South African government laid on a hero’s welcome home for their legal team. Supported by Al Jazeera, they claim to have won a resounding victory. But South Africa clearly failed to achieve her prime goal of stopping the war.

**Anti-Israel at Airport**. Despite not succeeding in their main claims at the ICJ in The Hague, South Africa’s legal team is welcomed on their return at Johannesburg’s OR Tambo International Airport like heroes.

South Africa did, however, achieve her more realistic goal of dragging Israel through a long and messy legal battle at the ICJ on charges of genocide. This charade of trying to demonize Israel is likely to continue for the next few years.

The institutions representing the international community have clearly failed to define how a country, aspiring to uphold the rules of war, should conduct itself against a terror entity with no accountability.

Justice will not be forthcoming from the ICJ. Those guilty of genocide aren’t on trial. All we’ll get from this legal charade is another blood libel against Jews and an emboldened Hamas.

**Release of Hostages, No Ceasefire**. Not to the liking of South Africa or Hamas, the judges at the ICJ in The Hague did not rule for a ceasefire in Gaza, were not of the opinion that Israel was committing genocide and called for the immediate and unconditional release of the hostages. (Photo: Patrick Post / AP)

The revelation that UNRWA staff members were amongst the Hamas militants who perpetrated the October 7 massacre came as no surprise to anybody in Israel.

For the past 75 years, UNRWA schools have served as the breeding ground for indoctrination and brainwashing the children of Gaza. A quick glance through any UNRWA sponsored text book confirms this. If the UN is committed to finding a lasting peace in the Middle East, UNRWA must be dismantled. It’s role in financing terror and perpetuating the conflict has been proven beyond any shadow of doubt.

It’s also been revealed that 1,200 UNRWA employees are active members of Hamas and other terror groups and around 50% of UNRWA’s employees in the Gaza Strip have close family links to these organizations. This revelation has forced some of UNRWA’s major donors, including the US and the EU, to put their financial contributions on hold, pending further investigation.

**Burning Issues**. The massacre of 1400 Israelis on 7 October 2023 did not happen in a vacuum. From birth, Hamas terrorists are indoctrinated with hate, antisemitism and training to kill. Seen here is an illustration from a PA textbook of a girl smiling as “heretics” are burned. (Source: IMPACT-se)

I find it difficult to believe that the higher echelons of the UN are not fully aware of this abuse of power to develop and finance the Hamas terror infrastructure. This revelation should be embarrassing for them. But fear not. Their spin-doctors will find the right story to excuse their actions and enable them to continue promoting their warped agendas. Don’t expect anybody to take responsibility or to resign their positions.

The CIA World Factbook provides a ton of information. So, for those who like trivia, life expectancy at birth in Egypt in 2023 was 72.5 years. In Syria, it was 74.6. In neighbouring Jordan, it was 75.0. In wealthy Saudi Arabia, it was 76.9 years. In Gaza, life expectancy at birth was 74.8 years. Pretty much par for the course. These numbers beg the question as to whether there’s any foundation to the claim that Gaza is in the throes of a humanitarian crisis. Sounds to me like the world is in crisis.

At this time, the plight of the 136 Israeli hostages being held by Hamas remains unclear. We are told that 108 hostages, amongst them elderly people, women and children, are alive. The remaining 28 were murdered by Hamas.

Wishing you all Shabbat Shalom and better times ahead.

Am Yisrael Chai.

Harris Zvi Green.

About the writer:

HIGH NOON AT THE HAGUE

Failing to establish a case of genocide against Israel, South Africa also failed to follow the laudable values of its first President, Nelson Mandela

By Emeritus Professor, Raymond Wacks

An earlier, shortened, version of this article appeared The Jewish Chronicle last week. We are grateful for permission to publish the expanded essay here.

The world has watched the apocalyptic scenes of medieval privation and devastation in Gaza in horror. Whether by accident or design, Hamas has shattered the lives of the people they were elected to serve. The scale of death and injury is a damning indictment of the callous indifference and cruelty of the jihadists whose well-heeled leaders are safely ensconced far from the turmoil in five-star hotels or luxuriating in lavish spas. Provoking Israel by their depravity of 7 October – murder, rape, torture, abduction, arson, and pillaging – the butchers have reaped a whirlwind whose calamitous consequences will endure for decades.

**SA v Israel**. The principal judicial organ of the UN, the International Court of Justice in The Hague was the setting for South Africa to pursue Israel at the behest of Hamas by falsely accusing Israel of committing genocide in Gaza.

Gazans obviously deserve better, and it is incomprehensible that their voices have not been raised against the terrorists for triggering their disastrous predicament. Exhorting them to surrender and release the surviving hostages would bring an end to their torment.

Amid this seemingly intractable chaos, it fell to South Africa to assume the role of conscientious accuser. Although its application to the International Court of Justice under the Genocide Convention failed to secure a ceasefire as a ‘provisional measure of protection’, the court ordered Israel to observe several requirements to prevent acts of genocide against Palestinians in Gaza, including the killing of Palestinians, causing serious bodily or mental harm to civilians, and ending the imposition of measures intended to prevent births. Israel is also directed to take immediate steps to permit the provision of humanitarian assistance to residents in Gaza.

It is important to note that the ruling is both interim and unenforceable by the court. And while it explicitly avoids deciding on the merits, the judgment does constitute an uncomfortable rebuke to Israel in respect of its military execution of self-defence.

The decision is, I believe, unsatisfactory in a number of respects; I shall mention only six of its most conspicuous shortcomings.

First, the court passes lightly over Israel’s defence. It is extraordinary that the judges fail to acknowledge the critical fact that Israel is fighting an enemy that is demonstrably committed to the Jewish state’s annihilation. The 2017 revised (more ‘moderate’) Hamas Charter is explicit in its ambition to continue its resistance until Israel is obliterated:

Palestine symbolizes the resistance that shall continue until liberation is accomplished, until the return is fulfilled and until a fully sovereign state is established with Jerusalem as its capital … [Palestine] was seized by a racist, anti-human and colonial Zionist project …

A pronouncement that requires little clarification.

**‘Aim’ing to Annihilate**. Passing lightly over Israel’s defence, the judges failed to acknowledge the critical fact that Israel is fighting an enemy that is committed to the Jewish state’s annihilation.
*(Emmanuel Dunand/AFP via Getty Images)*

Second, it surprisingly overlooks the terrible reality that Israel’s cold-blooded foe hides its fighters, weapons, and hostages in a subterranean city, and operates amongst civilians in schools, mosques, and hospitals. It also continues to fire rockets into Israel. Imposing a ceasefire on Israel, as requested by the applicant, would simply allow Hamas to regroup. Moreover, as Justice Sebutinde recognises in her carefully reasoned dissent, that the litigation is “complicated by the fact that in the context of an ongoing war with Hamas, which is not a party to these proceedings, it would be unrealistic to put limitations upon one of the belligerent parties but not the other. Israel would justifiably assert its right to defend itself from Hamas, which would most probably aggravate the situation in Gaza … It is difficult to envisage how one of the belligerent parties can be expected to unilaterally “prevent the destruction of evidence” while leaving the other one free to carry on unabated.”

**In Word and Deed**. How does South Africa feel about the preamble to the Hamas Covenant that reads that “*Israel will exist and will continue to exist until Islam will obliterate it, just as it obliterated others before it*.”

Third, the court uncritically concurs with the applicant’s assertion that various bellicose statements, uttered in the aftermath of the gruesome 7 October attacks, demonstrate the requisite intention by Israel to commit genocide. A moment’s thought would explain why, following the barbaric, sadistic onslaught, which left at least 1,200 dead, many wounded, and some 250 taken hostage, certain Israeli political and military leaders rashly unleashed clamorous calls to arms, promising vengeance and retaliation for the unspeakable suffering that was visited upon so many innocent citizens and foreign visitors. To treat such injudicious remarks – made in the heat of a national tragedy – as evidence of a state’s intention to commit genocide is both disingenuous and highly tendentious, especially as they included comments made by individuals with no direct role in Israel’s military decision-making on the ground. They were, in any event, directed at the terrorists, not the Palestinians or Gazans in general.

Fourth, the court ought to have considered whether the Genocide Convention is, in fact, the appropriate legal basis for the litigation. As both the ad hoc Israeli judge, Aharon Barak and Julia Sebutinde point out in their dissenting judgments, the framework of international humanitarian law (IHL) affords a more congenial authority under which the application should have been mounted. In the words of the latter:

What distinguishes the crime of genocide from other grave violations of international human rights law is the existence of the ‘intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such’. Accordingly, the acts complained of by South Africa … can only be capable of falling within the scope of the said Convention if a genocidal intent is present, otherwise such acts simply constitute grave violations of international humanitarian law and not genocide as such.

IHL provides that harm to innocent civilians and civilian infrastructure should not be excessive as compared with the anticipated military advantage. The loss of innocent lives is not unlawful providing it complies with the rules and principles of this law. Similarly, the German judge, Georg Nolte, though he concurred with the majority, did not regard the test of genocide as having been met:

I am not persuaded that South Africa has plausibly shown that the military operation undertaken by Israel, as such, is being pursued with genocidal intent. The evidence provided by South Africa regarding the Israeli military operation differs
fundamentally from that contained in the reports by the United Nations fact-finding mission on Myanmar’s so-called ‘clearance operation’ in 2016 and 2017 which led the Court to adopt its Order of 23 January 2020 in The Gambia v Myanmar.

Fifth, the court abjures finding of facts, yet unhesitatingly cites a plethora of evidence from various agencies of the United Nations whose neutrality is, at the very least, questionable. They include the Office for the Coordination of Humanitarian Affairs (OCHA), Under Secretary-General for Humanitarian Affairs and Emergency Relief, the World Health Organization (WHO), the UN Human Rights Council, and the Commissioner-General of (the recently discredited) UNRWA.

**UN’reliable Submissions**. The writer questions the ICJ relying on South Africa’s ‘evidence’ from highly questionable UN agencies such as UNRWA where at least 12 of its employees were found to have had connections to Hamas’s Oct. 7 attack on Israel, and around 10% of all of its Gaza staff have ties to Islamist militant groups. (Photo by Abed Rahim Khatib/Flash90)

Sixth, the judges fail to enquire whether South Africa’s application might be tainted by its cordiality towards Hamas. The country, it seems, wishes to be seen as the conscience of the world. To this end, it predictably invokes the memory of Nelson Mandela to shore up its crumbling legitimacy. One might have thought that the moral standing of the ANC government, mortally wounded by years of corruption and broken promises, had reached rock bottom. Yet its shameless embrace of the Hamas murderers and rapists condemns it to infamy from which it may never recover. A mere ten days after 7 October, South Africa’s foreign minister, Naledi Pandor, held a telephone call with the leader of Hamas, Ismail Haniyeh, to express the country’s ‘solidarity and support’ for the Palestinian people. This was followed by a delegation of three Hamas officials to Pretoria. She also visited Iran on 22 October 2023.

This affability with the Islamic Republic could, as Justice Sebutinde justly remarked, actually be put to constructive use:

It was brought to the attention of the Court that South Africa, and in particular certain organs of government, have enjoyed and continue to enjoy a cordial relationship with the leadership of Hamas. If that is the case, then one would encourage South Africa as a party to these proceedings and to the Genocide Convention, to use whatever influence they might wield, to try and persuade Hamas to immediately and unconditionally release the remaining hostages, as a good will gesture.

**Judge Julia**. In her dissenting view, Uganda’s representative to the International Court of Justice Julia Sebutinde, argued that the core of the dispute was fundamentally political, not legal, and asserted that South Africa failed to establish and clear indication of genocidal intent by Israel. (Photo credit: ICJ)

Is it unreasonable to detect a thinly disguised strain of antisemitism in South Africa’s opportunistic campaign? While strongly castigating Israel, the social justice warriors of Pretoria barely mention the malevolence of Hamas and other Iranian proxies. Could it be that in this conflict, Jewish lives are regarded as somehow less worthy? Or is it simply that the ANC’s desire to burnish its radical pro-Palestinian (and even pro-Iranian) credentials, blinds it to the suffering of the victims of these crimes – particularly as it faces a general election this year?

Among the ironies at play in this sorry charade is the fact that many South African Jews were in the vanguard of the struggle against the grotesque injustice of apartheid. They were tortured, imprisoned, and vilified by the apartheid state. In his memoir, Mandela reflects:

I have found [South African] Jews to be more broad-minded than most whites on issues of race and politics, perhaps because they themselves have historically been victims of prejudice.

He might have added that several had relatives who were victims of a real genocide at the hands of the Nazis.

Unlike most of his successors, Mandela was, in many ways, a paragon of humility and modesty. I was fortunate enough to spend an hour with the great man soon after his release from almost three decades of incarceration. These virtues were palpable; the nearly total absence of ego and bitterness was genuinely unsettling. This, unhappily, is a far cry from the tone of pious hubris of the South African submission to the ICJ, quick to assign all blame to Israel for defending itself against the sadistic barbarity of terrorists (exultantly recorded and celebrated by them). South Africa’s application – and the court’s judgment – is silent on the scourge of antisemitism and the existential threats to Israel from its neighbours since its very establishment in 1948.

The sad state of South Africa must, in large part, be attributable to the governance of the ANC. The level of violence (27,000 deaths in a single year), corruption, unemployment, poverty, and falling life expectancy, speak for themselves. Solemn undertakings to provide basic utilities – water, electricity, housing – have not been met. None of this is easy to achieve, but ought not the focus of the administration be directed toward improving the plight of its people rather than posturing on the world stage and cosying up to authoritarian regimes and terrorists?

In fairness, I do wonder whether my revulsion at South Africa’s allegation of Israeli genocide is principally based on the fact that it has been brought by a country whose motives seem, at best, impure. Is it the moral turpitude of the ANC that troubles me so deeply? Suppose that, say, Sweden, Switzerland, or Spain had launched the application. Would that diminish my indignation? It would not, of course, alter the spurious nature of the case – the notion that Israel is engaged in genocide is both odious and absurd – but it might conceivably subdue my disenchantment, as someone who contributed to the struggle against apartheid and yearned for a South Africa founded on the values of justice and decency.

Sadly, the leaders of post-apartheid South Africa have not yet succeeded in following the laudable example of its first President. That they have the temerity to side with savagery, renders it morally unfit to stand before the World Court – and the world – to denounce a country engaged in defending itself against an abhorrent, heartless adversary.

About the writer:

Raymond Wacks, Emeritus Professor of Law and Legal Theory, is the author of sixteen books, and editor of ten. His works have been translated into more than a dozen languages. His books include Personal Information: Privacy and the Law; Privacy and Media Freedom; Privacy: A Very Short Introduction; Law: A Very Short Introduction; and Justice: A Beginner’s Guide. Among his most recent publications are Protecting Personal Information: The Right to Privacy Reconsidered, COVID-19 and Public Policy in the Digital Age, and National Security in the New World Order: Government and the Technology of Information (with Andrea Monti). The sixth edition of his Understanding Jurisprudence: An Introduction to Legal Theory appeared in 2021, as did The Rule of Law Under Fire? His latest book, Animal Lives Matter: The Continuing Quest for Justice, is to be published next week.

FOREIGN POLICY FOR HIRE

South Africa’s geopolitical influence should not be rented to the highest bidders

By Kenneth Mokgatlhe

The recent decision to drag Israel into the United Nations’s International Court of Justice (or World Court as it is known by many South Africans) has honestly divided the country; some praise their government while others are dissatisfied with the move. There is no doubt that there will be a price to pay for our actions in the international arena and sadly, the poor will pay that price.

While politicians will use human rights, justice, or equality as drivers of their country’s foreign policy direction, we know that the primary driver of such an important policy is often always self-interest of those in power. In the case of South Africa, it is the African National Conference (ANC), the governing party, which is using political means to satisfy itself and its historic allies. The nature of South Africa’s case at the World Court is not about South Africans; the government’s involvement will not have any direct or indirect material benefit to the poor South Africans.

**Charge of the Light’weight Brigade**. Enjoying the limelight at The Hague, who really was behind South Africa falsely accusing Israel of genocide?

South Africa’s decision to drag Israel into the World Court seems to come from a well-meaning place; a strategic political move that will remind local voters about the party’s reputation as a defender of human rights. They may be criticised for bad governance but they will always be known for their role as the defenders of the vulnerable during South Africa’s struggle for freedom from the oppression of apartheid. It is known that people are not happy with the ANC’s performance in government and this case will have a fundamental impact in the coming elections.

It also appears that the ANC-led government is subjecting itself to being used as a lackey by both Iran and Russia. Is the decision to approach the World Court solely coming from Pretoria? There are several indicators that make it difficult to say “yes”. The ANC has become cozy with the Iranian government and Hamas, a terror group supported by Iran, both of whom advocate for the elimination of the State of Israel and killing of Jews.

**Wrong Side of History**. Disagreeing with their government’s support of Russia in its unprovoked war on Ukraine, protestors hold placards outside the Russian Consulate in Cape Town, Feb. 25, 2022.

The ANC hosted Hamas which killed more than 1300 innocent Israelis on 7 October 2023, including a few Africans who were there for study purposes. Hamas also abducted more than 240 women, children and the elderly, and raped, tortured, burned, and maimed their victims. They were hosted and welcomed into the ANC’s headquarters, Luthuli House. In just a few days after the 7 October massacre, South Africa’s foreign minister, Naledi Pandor, also called Hamas’ leader to show and commit unwavering support to a bloody terror group. A summary of this call was flagrantly published by Iran on the official website of its foreign ministry.

**Shared Values!** Three days after the massacre in Israel by extermination squads from Gaza, Iran’s Foreign Minister Hossein Amir-Abdollahian (l) meets his South African counterpart, Naledi Pandor, in Pretoria on August 10, 2023 where they expressed that they share “common views” concerning the Middle East. (Photo by Press TV)

On its own, Hamas couldn’t have the military resources to carry out their October 7 vicious attacks. The fact that they are still able to fire rockets at Israel shows that they have military backing from Iran. We know from Palestinians and Hamas leaders that Iran provides military training, logistical support and financial assistance to Hamas.

Is it a wise move for South Africa to associate with Hamas and Iran? I think not, so, why is our country not instead associating with Mahmoud Abbas’ Palestinian Authority, Egypt, Qatar, Saudi Arabia, or Jordan in a quest to look for a more permanent solution? None of these pro-Palestinian governments have taken Israel to the World Court.

If South Africa genuinely wants to arrest the Israel-Palestine impasse, why is it difficult to use bilateral relations to condemn what they believe goes against their moral values directly with Israel? When you get angry and disengage how is it going to positively impact the outcome? South Africa chooses to go out and make noise while Qatar, Saudi Arabia, Egypt, and Jordan are looking for a solution by engaging both parties directly, not through the media or on the international stage as South Africa has chosen to do.

There are political and security concerns between Israel and Palestine that have persisted for years which means that there should be a more sustainable, permanent, and political solution. An order from the World Court is a temporary means which does not sustainably or permanently solve the problem. Many people are hypocritical because they choose to blame Israel when it is defending itself by taking the fight to Hamas, but they keep quiet when Hamas is provoking and killing the Israelis. Every country has a moral duty to go all out and protect its people against any threat, big or small.

It is hypocritical of our government that took Israel to The Hague but showed a middle finger to the International Criminal Court when it issued a warrant of arrest against Al Bashir for crimes against humanity by refusing to arrest him while in South Africa. Subsequently, South Africa ignores the acts of crimes against humanity in Ukraine by a thuggish Russia. The ANC government has never issued a statement or acted against what Vladimir Putin is doing to Ukraine. They are so fixated on Israel and would do anything to demonise it.

**Bosom Buddies**. Russian President Vladimir Putin and South African President Cyril Ramaphosa speak during a Russia-Africa Summit in the Black Sea resort of Sochi, Russia, Oct. 23, 2019.

South Africa is a country that borders Zimbabwe whose people have been subjected to acts of violations and terror by ZANU-PF in the full view of the ANC, and they are keeping quiet about it just as they have done for years. There are no bilateral efforts to try and fix the appalling situation in Zimbabwe or other parts of Africa. I think that South Africa’s geopolitical influence in the region and continent should not be rented to the highest bidders. Instead, we should be using our influence to address our national, regional, and continental problems. What are we saying about the political and security situation in the Democratic Republic of Congo?

About the writer:

Kenneth Mokgatlhe is a political writer and columnist studying Master’s at Ben Gurion University in Israel.

LETTER FROM ISRAEL AT WAR – WEEK 16

South Africa weaponizing International Law against Israel has proved it’s a strategic pawn and active proxy in Iran’s international Jihadi terror machine

By Harris Zvi Green

January 19, 2024

My dearest friends,

We’re still on a high from Omer’s wedding to Adi last Thursday evening. Two very special moments will remain with me for the rest of my life. These moments vividly reflect the emotional swings we, as a country and a people, are currently experiencing.

Immediately prior to breaking the glass recalling the destruction of the Temple, Omer stopped the ceremony and asked those present to remember his friends who so unselfishly gave their lives in defense of their country and their people. There wasn’t a dry eye in the house.

An hour or so into the wedding meal, the 10 soldiers in Omer’s combat unit surprised him by arriving in full military kit. The IDF organized a minibus to bring them directly from Gaza to be with Omer at his once-in-a-lifetime celebration. These soldiers hadn’t showered or shaved for days. They were a sorry sight but their faces carried smiles from ear to ear.

**From Gaza to under the Chupah**. Not a dry eye at this wedding when the groom, the writer’s grandson, Omer, spoke of his fallen comrades.

There’s no question that Israel was humiliated on October 7. What happened should never have happened. There are no excuses. Around 1,400 Israelis – civilians and soldiers – paid the ultimate price. The media are fantasizing countless scenarios regarding the image that will best memorialize victory for one of the two sides to the conflict.

My daughter hit the nail squarely on the head with the message she posted on our family WhatsApp group.

She wrote: “As we stood under the Chuppah (the wedding canopy), I recalled that this wedding was due to have taken place six weeks earlier. However, the bride and groom elected to continue defending their country and defer their wedding to a later date. When the groom, in a voice choked with emotion, recalled the memories of his fallen comrades in battle, I realized we are the clear winners of this terrible war.”

Our enemy tried to kill us. They raped our women. They kidnapped our elderly. They continue to taunt us with fake news. They seek to throw fuel on the fire by attempting to deepen the rifts and increase the tensions between the different factions in our society. They’ve even hijacked the International Court of Justice to accuse us of committing a genocide. They’ve tried every dirty trick in the book.

**South Africa’s Moral Descent**. While South Africa presents its evil accusations against Israel at the ICJ totally insensitive to the hostages still being held by the murderous Hamas who South Africa warmly embraces, protesters wave flags and pictures of the hostages, including baby Kfir Bibas, outside the court in The Hague. (AP Photo/Patrick Post)

Our enemy failed. They achieved exactly the opposite of what they set out to do. They brought us together. They failed to break our spirit. We know exactly who we are and what we’re fighting for.

The charges brought by South Africa against Israel for alleged acts of genocide in Gaza continue to cause me no end of frustration. In my opinion, they are ridiculous to the extreme.

I’m not a jurist or a lawyer. But I do know that for a law to be respected and upheld, it must be based on universal and ethical principles and be binding on the parties to the conflict. Provisions of the law must resonate with basic common sense. More specifically, International Law must be adjudicated by an independent judiciary and applied equally for the benefit of mankind.

The Genocide Convention was the first human rights treaty adopted by the UN General Assembly. It underlined the international community’s commitment to ‘never again’ after the atrocities committed, particularly against the Jewish people, during World War II.

In other words, the legal convention developed in the wake of the Holocaust to protect humanity from a repeat performance, is now being applied against the victims of that Holocaust.

By its actions, the South African government appears to be completely unaware that on October 7, 2023, Hamas perpetrated a heinous act of savagery in which around 1,400 Israelis were murdered. Women were gang raped, children were brutally killed and elderly people were murdered in their wheelchairs. Others were butchered simply because they were Jewish. One hundred and thirty-six Israelis remain in hostage. Their captors have denied them their rights under the Geneva Convention to visits by the International Committee of the Red Cross.

In addition, over the past 15 weeks, at least 11,000 rockets were randomly fired from Gaza into Israel. This figure doesn’t include hundreds of rockets launched by Gazan terror groups that misfired and landed in the Gaza Strip.

The Hamas Charter is nothing less than a call for genocide against the Jewish people and their nation state. The actions of Hamas since taking control of the Gaza Strip amplify their total commitment to their charter.

Yet, Israel has been summoned to appear before the International Court of Justice on charges of genocide while the leaders of the Hamas politburo continue working out in the gyms of Qatar’s leading hotels.

Something has gone very wrong. I feel insulted to the core.

The government of South Africa is, by its actions, complicit in the Hamas massacre perpetrated on October 7. By weaponizing International Law against Israel, the South African government has proved it’s a strategic pawn and active proxy in Iran’s international Jihadi terror machine.

**Hunting for Jews**. Hamas killers, who South Africa supports now as its “legal arm”, ignores the October 7 massacre where Israelis were butchered and shot at random like the Israeli civilians in this car attending a music festival for peace.

Genocide is defined in Article II of the Genocide Convention as a crime committed with the intent of destroying a national, ethnic, racial or religious group. It does not include political groups or cultural genocide.

So, let’s consider the following data published by the US Census Bureau International Database. The population of the Gaza Strip grew from 245,000 in 1950 to 394,000 in 1967 to 1,100,000 in 2000 to 2,100,000 in 2023. Do these numbers support the claim that Israel has committed an act of genocide in the Gaza Strip? Of course, they don’t.

The aim of the exercise at the International Court of the Justice is not to find Israel guilty of committing genocide. The aim is to slander and to demonize Israel in order to justify the multitude of war crimes perpetrated by Hamas against Israel.

Wishing you all Shabbat Shalom and better times ahead.

Am Yisrael Chai.

Harris Zvi Green.

About the writer:

Category: Israel- South Africa relations

IS SOUTH AFRICA ABANDONING HER JEWS?

Like this:

SAVIOUR OR SATAN’S HANDMAIDEN?

Like this:

SHORT-SIGHTED SOUTH AFRICA

Like this:

LETTER FROM ISRAEL AT WAR – WEEK 19

Like this:

CRYING FOR THE BELOVED COUNTRY.

Like this:

IT’S TIME TO END THE WAR…. THE 1948 WAR, THAT IS!

Like this:

LETTER FROM ISRAEL AT WAR – WEEK 18

Like this:

HIGH NOON AT THE HAGUE

Like this:

FOREIGN POLICY FOR HIRE

Like this:

LETTER FROM ISRAEL AT WAR – WEEK 16

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this: