As a country that fought and defeated apartheid, we have a special obligation to stand up for justice and fundamental human rights for all people, everywhere. This obligation was the basis for our application to the International Court of Justice (ICJ) to end the violence unleashed by Israel in the Gaza Strip.
The Genocide Convention was unanimously adopted by the United Nations General Assembly shortly after the Holocaust, one of the worst crimes in modern history. Witnessing the genocide of six million Jews and millions of other Nazi victims, the world came together to prevent such atrocities from happening again.
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Read: Court rules rule of law victory for Israel
As a signatory to this Convention, South Africa, like other signatories to the Convention, has a responsibility to stop acts of genocide wherever they occur. We brought this case to court in order for South Africa to fulfill this responsibility and prevent further civilian death and destruction.
The International Court of Justice heard the South African case, as well as the Israeli case. In an order issued last week, the ICJ found that Israel was likely to have committed acts in violation of the Genocide Convention, to which South Africa, Israel and many other countries are signatories.
The International Court of Justice declares that the State of Israel, in accordance with its obligations under the Convention on the Prevention and Punishment of the Crimes of Genocide, shall take all measures within its power to prevent acts of genocide with respect to the Palestinian population of the Gaza Strip. The judgment was made. All acts within the scope of article 2 of this Convention, in particular the killing of members of the Palestinian group. causing serious physical or psychological harm to Palestinians; Deliberately imposing on Palestinians living conditions calculated to bring about their physical destruction, in whole or in part. and impose measures aimed at preventing the birth of Palestinian children.
The court further ruled that the State of Israel shall immediately guarantee that its military will not engage in any of the above acts. The State of Israel shall take all measures within its power to prevent and punish direct and public incitement to genocide against members of the Palestinian group in the Gaza Strip. The court effectively stated that the steps Israel claims to be taking regarding international law are insufficient.
On the issue of humanitarian assistance, the Court found that the State of Israel must take immediate steps to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse living conditions faced by Palestinians in the Gaza Strip. The court ruled that effective measures should be taken.
The Court further urges the State of Israel to take effective measures to prevent the destruction and ensure the preservation of evidence related to alleged acts within the scope of the Convention on the Crimes of Genocide against members of the Palestinian group in the Gaza Strip. instructed. The court also ruled that Israel must submit a report within one month on all measures taken to give effect to the court's order.
Criticism of Israeli military atrocities is not directed at any religious or ethnic group and cannot simply be dismissed as anti-Semitic. Nor can we say that our case before the ICJ diminishes the enormity of the Holocaust. On the contrary, it is humanity's experience with the Holocaust and other acts of genocide that motivates our efforts to prevent this type of thing from happening again.
As a government, we have been consistent in the application of international law. We have been equally consistent in condemning the atrocities committed by Hamas against Israeli civilians on October 7, 2023, and in calling for the release of the hostages still held in Gaza. However, as we argued in our case before the ICJ, this attack on Israeli civilians cannot justify subsequent actions by Israeli forces against Gaza residents.
This case concerns Palestinians. Their suffering, disenfranchisement, and denial of their right to self-determination. However, by filing this application, we aim to always strengthen, protect and advance the rights of all people.
The unprecedented onslaught by Israeli forces against the people of the Gaza Strip is an attack on all those who believe in justice, human rights and respect for international law.
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As South Africans, we insisted that the international community has a duty to stop these acts of genocide and hold Israel accountable. As South Africans committed to peace, justice and human rights, we are proud to be on the right side of history.
The famous novelist Primo Levi, himself a Holocaust survivor, wrote, “As long as there is suffering in the world, our duty to remember will not be fulfilled.''
If the slogan “never again” is to give hope to humanity, the lessons of not only the Nazi Holocaust but all forms of genocide must be applied practically and consistently.
At the time the crimes were committed, despite clear evidence, there were those who claimed to have been unaware of the extent of the horrors perpetrated by the Nazis and others, such as Bosnian Serb forces and Rwanda's Interahamwe. There were people in our country who feigned ignorance about apartheid and its real impact on the people.
Genocide is unfolding in the Gaza Strip, and we have a moral obligation to act.
Let the history books record that democratic South Africa was not among those who closed its eyes or claimed not to know.
I call on all South Africans to unite in our call for justice for the Palestinian people and a negotiated solution that will bring about a just peace between Israel and Palestine.
This cause reminds us all that justice for some is not justice for everyone.
