Reactions has trailed the International Court of Justice (ICJ) ruling on Friday in favor of South Africa over genocide case against Israel on Gaza strip and the Palestinian people.
On the 29th of December 2023, 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.
South Africa had earlier condemned the 7 October 2023, attack by Hamas and other groups that resulted in the deaths of many Israelis and the taking of hostages.
Since October last year, the people of Gaza have been the victims of bombardment and strikes from land and air. Homes, 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. In October 2023 UN Children’s Fund said: “Gaza has become a graveyard for thousands of children.” According to the UN thousands of children were killed in just the first three weeks of the current conflict.
As South Africa argued in its application to the ICJ, the high civilian death toll, and the sheer scale of the destruction that 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.
The court in its judgment affirmed South Africa’s right to take Israel to court – even though it is not a party to the conflict in Gaza.
The ICJ, as the principal judicial organ of the United Nations, has handed down a ruling that the State of Israel should immediately implement a set of provisional measures to prevent any further acts of genocide in Gaza.
Also, to desist from such acts, and to take effective measures to prevent destruction and ensure the preservation of evidence relating to acts of genocide.
South African President, Cyril Ramaphasa in his reaction to court judgement said, “As the South African Government we welcome the decision of the ICJ. We note the court’s statement that its 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.
Adding that, “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.
“Furthermore, take immediate and effective measures to allow basic services and humanitarian assistance to Gaza, it should preserve evidence of what is happening in Gaza, including submitting a report within a month on all measures taken to give effect to the ICJ order within one month”.
Ramaphasa noted that this Order is binding on Israel, and must be respected by all states that are party to the Convention on the Prevention and Punishment of the Crime of Genocide.
According to him, “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”, he said.
The European Union in a statement said it has noted the today’s order of International Court of Justice on South Africa’s request for the indication of provisional measures.
While the EU reaffirmed its continuing support to the International Court of Justice, the principal judicial organ of the United Nations.
It said, “Orders of the International Court of Justice are binding on the Parties and they must comply with them. The European Union expects their full, immediate and effective implementation.
“The right of each Party to submit arguments in respect of jurisdiction, admissibility or the merits remains unaffected by the today’s decision on the South Africa’s request for the indication of provisional measures.
