Despite the ICJ issuing three orders in South Africa’s favour, these have had little to no impact on Israel’s ongoing attacks on Gaza.
Minister of Justice and Constitutional Development Mmamoloko Kubayi says the plight of the Palestinian people is no longer a question of occupation, but a question of survival.
Kubayi was addressing the 63rd Annual Session of the Asian-African Legal Consultative Organisation (AALCO) Conference in Kampala, Uganda, on Wednesday.
‘Moral tests’
The minister thanked the secretariat of the AALCO for its continued attention to the question of Palestine, which she said remains one of the “most urgent legal and moral tests of our time.”
“The plight of the Palestinian people is no longer only a question of occupation: it is a question of survival in the face of Israeli conduct that amounts to genocide.
“The deliberate destruction of Gaza, the widespread killing of civilians, the targeted bombardment of hospitals, schools and homes, and the intentional use of starvation as a method of warfare, demonstrate a pattern of conduct calculated to destroy the Palestinian population in whole or in part,” Kubayi said.
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ICJ
The International Court of Justice (ICJ), in its Advisory Opinion of July 2024 and in its legally binding provisional measures in the case of South Africa v. Israel, found that Israel’s continued presence in the Occupied Palestinian Territory is unlawful and that the Palestinian people face a real and imminent risk of irreparable prejudice under the Genocide Convention.
“Despite these clear rulings, Israel continues its campaign of destruction with full impunity, shielded by inaction by the majority of states, and in the selective application of international law as concerns Israel’s actions,” Kubayi said.
“The reports of the UN High Commissioner for Human Rights, the Special Rapporteur, and the Independent International Commission of Inquiry have exposed systematic atrocities: forced displacement of over 90% of Gaza’s population, deliberate starvation of civilians, destruction of essential infrastructure, arbitrary detention, gender-based violence, and targeted attacks on humanitarian workers and journalists.
“These acts are unconscionable and strike at the core of the international legal order,” she said.
Concerns
Kubayi said South Africa is equally alarmed by the situation in the West Bank, including East Jerusalem.
“There, Palestinians face daily raids, mass arrests, settler violence, and the expansion of illegal settlements.”
“The pattern is clear: Israel’s stated and ultimate objective is to make Palestinian life so unsustainable that Palestinians are either displaced permanently or reduced to fragmented enclaves without sovereignty.
“This is not a situation that states can accept. South Africa stresses that all states have clear obligations under international law, including those reaffirmed in General Assembly and Human Rights Council resolutions, as well as binding Security Council resolutions.” Kubayi said.
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Obligations
Kubayi said the obligations include bringing the occupation to an immediate end and working together with countries to find a lasting, peaceful solution to the situation in Gaza.
“The credibility of the international legal system rests on our collective willingness to enforce it without fear or favour.
“The continued impunity granted to Israel undermines the very foundation of the UN Charter and international law. It is imperative that AALCO member states lead in implementing the resolutions of the General Assembly and Human Rights Council, taking national measures to halt trade and cooperation that sustain the unlawful Israeli occupation of the State of Palestine,” Kubayi said.
Palestine
Kubayi said the Palestinian people have a right to self-determination, and the full recognition of an independent, sovereign, contiguous State of Palestine, based on the 1967 borders with East Jerusalem as its capital.
“AALCO and all states have a duty not only to condemn, but to act decisively to end this prolonged atrocity and restore justice and human dignity to the Palestinian people,” Kubayi said.
On Wednesday, Minister of International Relations and Cooperation Ronald Lamola said South Africa is committed to seeing the country’s case against Israel in the ICJ through to its conclusion.
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