South Africa seeks justice for Palestinians and approaches ICJ

By Bhekumuzi N Khanyile | December 30, 2023 | 2 min read


Johannesburg,South Africa
International Court of Justice
International Court of Justice(ICJ)
Image: Photo by Facebook

The International Court of Justice(ICJ) has confirmed that has received an application from South Africa whereby requesting the court to institute proceedings against constant Israel brutality and killing of Palestinians in Gaza.

The South African government has taken a bold step to stop an ongoing genocide in Gaza which is carried by Israeli forces since October 7.

ICJ said:"South Africa today filed an application instituting proceedings against Israel before the International Court of Justice(ICJ),the principal judicial organ of the United Nations,concerning alleged violations by Israel of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide(the "Genocide Convention") in relation to Palestinians in the Gaza."

Through its application the South African government has pointed that what is happening in Gaza is absolutely genocide.

ICJ added that,according to the Applicant,"acts and omissions by Israel... are genocidal in character,as they are committed with the requisite specific intent ... to destroy Palestinians in Gaza as a part of the broader Palestinian national,racial and ethnical group" and that "the conduct of Israel - through its State organs,State agents,and other persons and entities acting on its instructions or under its direction,control or influence - in relation to Palestinians in Gaza,is in violation of its obligations under the Genocide Convention.

According to ICJ,the Applicant further states that "Israel,since 7 October 2023 in particular,has failed to prevent genocide and has failed to prosecute the direct and public incitement to genocide" and that "Israel has engaged in,is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza.

The South African Department of International Relations and Cooperation(DIRCO) has maintained that South Africa does not support any forms of violence and attacks against civilians and it has a responsibility to performs its duty as a State Party to prevent an ongoing genocide.

"South Africa has repeatedly stated that it condemns all violence and attacks against all civilians,including Israelis.Moreover,South Africa has continuously called for an immediate and permanent ceasefire and the resumption of talks that will end the violence arising from the continued belligerent occupation of Palestine.

As a State Party to the Convention on the Prevention and Punishment of the Crime of Genocide,South Africa is under a treaty obligation to prevent genocide from occurring,"said DIRCO.

DIRCO clarified that the government of South Africa has earlier this month to approach the ICJ after a special meeting which concerned the plight of Palestinians sufferings under the occupation of Israel.

"Therefore,at a special meeting held on 8 December 2023,Cabinet directed that the International Court of Justice in The Hague be approached to obtain an order directing Israel,which is also a State Party,to refrain from any acts that may constitute genocide or related crimes under the Convention.

An application in this regard was filed before the Court on 29 December 2023 in which the Court is requested to declare on an urgent basis that Israel is in breach of its obligations in terms of the Genocide Convention,should immediately cease all acts and measures in breach of those obligations and take a number of related actions,"DIRCO statement concluded.

Since 7 October 2023,Israeli occupation army has killed more than 21,000 civilians and injured more than 50,000 and half of those killed are women and children.

Israeli forces killed more than 100 journalists in a period of 80 days and also killed dozens of UNRWA staff in Gaza alone.