The International Court of Justice (ICJ) the principal judicial organ of the United Nations on Friday during the much-anticipated judgement ordered Israel to take all measures within its power to prevent genocide in Gaza however didn’t order a ceasefire verdict expected by South African majority.
ICJ also during its sitting in The Hague demanded that Israel contain death and damage in Gaza following a request from South Africa. President Cyril Ramaphosa’s administration led by Justice and Correctional Service Minister Ronald Lamola last year filed the lawsuit accusing Israel of genocide in its war on Gaza and seeking cessation to the brutal military assault that has killed more than 23 000 Palestinians, approximately 10 000 of them children.
Reacting to ICJ pronouncement Ramaphosa called for a ceasefire in Gaza after the UN top court ordered. During his address to the nation, the SA Commander in Chief said South Africa has been vindicated by the ICJ decision after it was criticised by some countries.
The South African delegation led by International Relations Minister Naledi Pandor were present at the Peace Palace in The Hague when Judge Joan Donoghue read the court order that ICJ orders Israel to take all measures within its power to prevent genocide in Gaza. Judge Donoghue further announced that the ICJ does not order ceasefire but demands that Israel contain death and damage in Gaza and Israel must ensure preservation of evidence of alleged genocide. Donoghue said ICJ will not throw out case brought by South Africa and South Africa’s case alleges Israel is perpetrating genocide in Gaza and called on court to order provisional measures.
President Ramaphosa said: “We firmly believe that following this judgment, there should now be a more concerted effort towards a ceasefire, and negotiations should commence on a permanent two-state solution to enable Israel and Palestine to live side-by-side as independent states. We welcome the measures that the court ordered by majority decision, ruling that Israel's 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, and 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.”
Minister Pandor said the saving of life is not merely with respect to having a ceasefire. She further said it is to ensure humanitarian aid is provided to those who need it, as well as ensuring the state of Israel provides the necessary basic services that residents of Gaza and the West Bank require.
“South Africa had the view that we could not stand idly by and continue to observe the killing of thousands of Palestinian citizens who had no role in the killings by Hamas,” Pandor said.
Pandor added should Israel ignore the ruling, this will open a room for all abusers in many conflicts around the world which give birth to a terrible precedent.
Justice Minister Ronald Lamola welcomed ICJ’s decision despite not ordering a ceasefire in Gaza. However, Lamola said international law emerged victorious after the ruling against Israel. “We believe that former President Mandela will be smiling in his grave as one of the advocates for the Genocide Convention,” Lamola said.
ICJ’s decision cannot be appealed against because it is final. However, it cannot impose its verdicts and it is not clear that Israel would submit with it. But an opposing ruling would be damaging to Israel’s reputation and set legal model.
Slovenia has added its voice to the global chorus for ceasefire in Gaza following South Africa’s genocide case against Israel.
Slovenian Minister of Foreign and European Affairs Tanja Fajon said: “This is a very broad spectrum of alleged violations that have been committed in the region for decades and whose horrific consequences are still visible today.”
Earlier, robust engagements over Israel and Palestine disputes became the order of the day at Kampala in Uganda the 19th Non-Aligned Movement Summit as Arab states called for the meeting to focus on the situation in Gaza. President Ramaphosa was attending the summit in Uganda and about 93 93 of the 120 NAM memberships have assembled in Kampala.
“Slovenia has consistently called for additional sanctions against Hamas and violent Israeli settlers in the West Bank, as well as for the establishment of a permanent ceasefire in Gaza, unrestricted humanitarian access and the early start of a two-state solution peace process,” said Slovenian Minister Fajon.
Judge Julia Sebutinde from Uganda voted against all the provisional measures South Africa sought against Israel.
Sebutinde said: "South Africa has not demonstrated, even on a prima facie basis, that the acts allegedly committed by Israel and of which the Applicant complains, were committed with the necessary genocidal intent, and that as a result, they are capable of falling within the scope of the Genocide Convention.”
Sebutinde was heckled on social media for supporting Israel’s genocide tendencies.
“She is a disgrace to Africa and Africans. She humiliated Africans before the whole world,” said a concerned SA citizen.
“She's betrayed the conscience of Africa on the Palestinian question.”
President Ramaphosa said: “Never, never and never again shall it be that this beautiful land will again experience the oppression of one by another.”
Taoiseach Leo Varadkar said Ireland will abide by any ruling the ICJ makes, while Tánaiste Micheál Martin has the Government is ‘strongly’ considering intervening in the case against Israel and has requested legal advice.
Meanwhile, reportedly some countries including the UK, Italy and Finland joined the US in suspending their funding for the UN agency that aids Palestinian refugees after allegations that its staff may have taken part in Hamas’s attacks in Israel on 7th October 2023.
Justice Minister Ronald Lamola.
South African legal team.
Mandla Mandela emulates his late grandfather political icon Nelson Mandela.
International Relations Minister Naledi Pandor.
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