Foreign Affairs Principal Secretary Korir Sing'oei has warned South Africa that its genocide case against Israel at the Hague may fail owing to the complex nature of the issue.
At the end of December 2023, South Africa filed a lawsuit at the International Court of Justice (ICJ) based in the Hague, accusing Israel of genocide in its war on Gaza which has seen more than 23,000 Palestinians killed in the process. In the suit, South Africa is seeking the court to compel Israel to immediately suspend its military operations in Gaza.
PS Sing'oei lauded South Africa's efforts in trying to curb the war that has been ongoing for three months. He, however, explained that the matter which is sub judice may not be resolved through the judicial process.
While explaining Kenya's stance on the issue, the PS also noted that the country would work with the United Nations to seek a more sustainable remedy. The PS made it clear that appreciating South Africa's decision was his stand as Kenya may approach the issue differently.
"At a personal level, I appreciate the approach by South Africa and laud its leadership. However, a complex issue of this magnitude, will certainly not find resolution through judicialization.
"Consequently, we (Kenya) will continue to work through the political organs of the United Nations to seek more sustainable remedies," he explained.
Sing'oei's response elicited mixed reactions from a section of influential Kenyans who questioned the government's response and wondered what other measures are effective in curbing the Gaza war.
"Ahh Bwana P.S., but the International Court of Justice is the main judicial body of the United Nations. Which other UN body are you referring to, that can handle this complex issue? The Occupier is on record for having violated many International Norms and Standards," Bosire Wairimu, the founding Executive Director of the Africa Centre for Health Systems and Gender Justice, wondered.
Questions had lingered over Kenya's position on South Africa's case against Israel after several countries globally endorsed or condemned the lawsuit. Israel and the US rejected the charges as baseless.
Some stated that if Kenya backed South Africa, it would be in good standing with countries attempting to uphold international law. On the other hand, others hinted at Kenya opposing South Africa's move and backing Israel as the West had done.
The responses were occasioned by South Africa's opening remarks in the case, accusing Israel of violating the 1948 United Nations' Genocide Convention that both Israel and South Africa are signatories.
"No armed attack on a state territory, no matter how serious can provide justification for or defend breaches of the convention. Israel's response to the October 7 attack has crossed this line and given rise to the breaches of the convention," South Africa's Justice Minister Ronald Lamola stated.
"Like what, Dr. Singoei Korir? Mention one little “political effort” Kenya has initiated at the UN to address the unfolding genocide. Just one. It would have cost Kenya nothing to stand in solidarity with South Africa the way many countries have done. It would have placed Kenya in good standing with countries that are attempting to uphold international law and international humanitarian law," lawyer Miguna Miguna stated.
"Kenya has no vote at the UN Security Council and cannot influence any significant political decisions taken there. However, we can have our voices heard at the ICJ, no matter how limited its impact," he added.
Other activists stated that the South African case against Israel could finally empower the genocide convention which represents the international community's pledge to work together to prevent and punish the crime of genocide.
The convention's efficacy was first tested in 2019 when Gambia filed a case against Myanmar at the ICJ, accusing it of genocide against the Rohingya people - an ethnic group, the majority of whom are Muslim faithful residing in the Asian country.
In 2021, ICJ ordered the Myanmar Junta to halt alleged persecution of the Rohingya and not to tamper with evidence. In 2022, ICJ judges ruled in favour of Gambia, stating that it was obliged, as an individual state, to represent the international community in the case.
