[News] Welcoming South Africa's Principled Move to Pursue Justice for Israel’s Genocide against Palestinians

[Anti-Imperialist News]

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*Welcoming South Africa's Principled Move to Pursue Justice for Israel’s 
Genocide against Palestinians in Gaza at the International Court of Justice*

Al-Haq, Al Mezan and the Palestinian Centre for Human Rights (PCHR) 
warmly welcome the decision by South Africa to initiate 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=7486cf4fdc&e=08c14cf485>, 
in accordance with Article IX of the Genocide Convention, proceedings 
before the International Court of Justice (ICJ) on the responsibility of 
Israel for genocide against Palestinians in the Gaza Strip. This 
principled move stands as a testament to South Africa’s unyielding 
commitment to human rights, justice, and accountability, as it further 
serves as a beacon of hope for the restoration of the international 
legal order – an order deliberately undermined for political expediency, 
not only since 7 October 2023 but also throughout the past 75 years, 
since the start of the ongoing /Nakba /of 1948.

We, Palestinian civil society organisations, have, as early as 13 
October 2023, warned 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=b4c0e40fba&e=08c14cf485> 
and urged 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=515ee70fd2&e=08c14cf485> 
States to intervene to protect the Palestinian people against impending 
genocide. Since then, Israel’s intent has only become more pronounced, 
marked by both explicit genocidal statements and genocidal acts 
committed by the Israeli military. At present, widespread and systematic 
attacks against Gaza’s civilian population and infrastructure have 
resulted in the killing 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=9bad8f3023&e=08c14cf485> 
of at least 21,320 Palestinians, around 70% of whom are children and 
women, as of 28 December 2023; the destruction or damage 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=a4030939b6&e=08c14cf485> 
of over 60% of all Gaza’s housing units; and the displacement 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=599a1c5d08&e=08c14cf485> 
of around 1.9 million Palestinians, nearly 85% of the population.

On 29 December 2023, South Africa filed an Application 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=312dd785a2&e=08c14cf485> 
instituting proceedings against Israel before the ICJ, the judicial 
organ of the United Nations, concerning violations by Israel of its 
obligations under the Convention on the Prevention and Punishment of the 
Crime of Genocide in relation to Palestinians in the Gaza Strip. As 
States Parties are obliged 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=a28d13507e&e=08c14cf485> 
to “employ all means reasonable available to them, so as to prevent 
genocide so far as possible”, South Africa fulfilled its positive 
obligation to prevent or end the commission of the crime of genocide by 
invoking Article IX of the Genocide Convention. In its Application, 
South Africa states “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”. This legal action sends a 
strong message that impunity will no longer be tolerated.

While we commend South Africa, we must also confront the undeniable 
truth that some Third States have not only failed to uphold 
international law and their legal obligations, including their 
obligation to end the commission of the crime of genocide, but have 
shamelessly been complicit in perpetuating injustice, including by 
publicly objecting to a ceasefire, and continuing to supply Israel with 
military equipment. South Africa’s decisive action should serve as more 
than a wake-up call; it demands that all Third States rigorously 
reassess their commitment to international law and human rights. The 
prolonged impunity enjoyed by Israel, coupled with the international 
community’s deliberate failure to contextualise 75 years of Zionist 
oppression and domination over the Palestinian people, has facilitated 
the ongoing denial of their right to self-determination and allowed 
Israel to commit genocide against the Palestinian people in Gaza. It is 
high time for a collective reckoning with complicity and a renewed 
commitment to justice on the global stage.

In light of the urgency and the critical situation in Gaza, we strongly 
encourage the Court to expedite the proceedings and move as swiftly as 
possible. The people of Gaza do not have the privilege of time, and a 
prompt resolution is crucial to address the pressing issues at hand.

As we witness this legal action, we stress that justice is a collective 
pursuit, requiring unwavering dedication from the international 
community. South Africa’s request for Provisional Measures before the 
ICJ is not merely a legal procedure; it is a clarion call for the 
international community to prioritise accountability, reject impunity, 
and champion the principles of human rights. As we call upon other Third 
States and the international community to support the proceedings at the 
ICJ and promptly intervene for an immediate ceasefire, we remind them, 
history harshly judges those who stand by during genocide. Neutrality in 
the face of injustice and genocide is nothing short of complicity, and a 
genuine commitment to the principles of justice and human dignity 
demands active engagement in upholding the rule of law.

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