President Cyril Ramaphosa has welcomed the decision by the International Court of Justice (ICJ) ordering Israel to prevent acts of genocide in Gaza saying it was a vindication of the country’s decision to bring the action.
South Africa filed an application instituting proceedings against the State of Israel “for the violence it has unleashed on the people of the Gaza Strip, arguing that Israel was in breach of its obligations under the Convention,” on 29 December 2023.
The ICJ said in its application, “South Africa also requested the Court to indicate provisional measures in order to “protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention” and “to ensure Israel’s compliance with its obligations under the Genocide Convention not to engage in genocide, and to prevent and to punish genocide.”
In its order which has binding effect the ICJ indicated that the State of Israel shall, in accordance with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, in relation to Palestinians in Gaza, “take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention.
The ICJ said the article emphasised that this applied in particular to killing members of the group, causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part and imposing measures intended to prevent births within the group.
The ICJ ordered among others that “the State of Israel shall take all measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip.
The court further ordered that the State of Israel “take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip” and “take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of Article II and Article III of the Convention on the Prevention and Punishment of the Crime of Genocide against members of the Palestinian group in the Gaza Strip.”
In a televised address to the nation following the ruling, Ramaphosa, who did not travel to The Hague for the ruling, said the “judgment affirmed South Africa’s right to take Israel to court — even though it is not a party to the conflict in Gaza.”
“As the South African government we welcome the decision of the ICJ. We note the court’s statement that it is acutely aware of the extent of the human tragedy that is unfolding in the region, and is deeply concerned about the continuing loss of life and human suffering and that the catastrophic humanitarian situation in the Gaza Strip is at serious risk of deteriorating further before the court renders its final judgement,” Ramaphosa said.
“We welcome the measures that the court ordered by majority decision, ruling that Israel military should not commit acts of genocide against Palestinians. Israel should take all measures to prevent and punish incitement to genocide,” he said.
“We expect Israel as a self-proclaimed democracy and a state that respects the rule of law to abide by the measures handed down by the International Court of Justice. After more than half a century of occupation, dispossession, oppression and apartheid, the Palestinian people’s cries for justice have been heeded by an eminent organ of the United Nations,” Ramaphosa noted.
He highlighted the suffering brought about by the relentless bombardment of Gaza since October last year, saying “refugee camps and entire neighbourhoods have been destroyed and not even schools and hospitals have been spared.”
“The people of Gaza have been deprived of electricity, fuel, food, and medical supplies. According to the United Nations, more than 25 000 people have been killed during Israel’s war with Hamas. Among the dead are relief workers, UN staff, and journalists. More than 16 000 of the dead are women and children,” Ramaphosa said.
“As South Africa argued in its application to the ICJ, the high civilian death toll, and the sheer scale of the destruction that has resulted from Israel’s response to the 7 October attacks is vastly disproportionate to any claim by Israel that it has been acting in self-defence. We have called Israel’s attacks on Gaza genocidal acts, acts for which Israel should and must be held accountable,” Ramaphosa said.
“Today the International Court of Justice has vindicated us. The Court has concluded that pursuant to Article 9 of the Convention, it has jurisdiction to adjudicate our application. The effect of the Order that the ICJ has granted today is that there is a plausible case of genocide.
“This marks an important first step in our quest to secure justice for the people of Gaza.
Some have told us to mind our own business. Others have said it was not our place. And yet it is very much our place, as people who know too well the pain of dispossession, discrimination, state-sponsored violence.
“We are also a people who were the victims of the crime of apartheid. We know what apartheid looks like. We experienced and lived through it,” he said.
“We, as South Africans, will not be passive bystanders and watch the crimes that were visited upon us being perpetrated elsewhere. We stand on the side of freedom for all. We stand on the side of justice,” Ramaphosa said.
“We will not waver in our commitment to the Palestinian people and their quest for self-determination. Our own painful history obliges us to do no less. We thank the International Court of Justice for upholding its role of achieving justice, promoting peace, preventing genocide and holding those guilty of genocide accountable.” – news@mukurukuru.co.za
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