The Government of South Africa has welcomed the Advisory Opinion of the International Court of Justice (ICJ) on Israel practices, detailing the legal consequences arising from Israeli policies and practices in the occupied Palestinian territory, including East Jerusalem.
In its Advisory Opinion, which emanated from a request by the United Nations General Assembly on 30 December 2022, the court unanimously reaffirmed its jurisdiction on the matter, and that the State of Israel’s continued presence in the Occupied Palestinian Territory is unlawful under international law.
In a statement issued on Friday, the Department of International Relations and Cooperation (DIRCO) said the court was of the view that the effects of Israel’s policies and practices, and its exercise of sovereignty over certain parts of the Occupied Palestinian Territory, constitute an obstruction to the exercise by the Palestinian people of their right to self-determination.
“This includes Israel’s annexation of parts of the Occupied Palestinian Territory, the fragmentation of this territory, undermining its integrity, the deprivation of the Palestinian people of the enjoyment of the natural resources of the territory and its impairment of the Palestinian people’s right to pursue its economic, social and cultural development,” the department said.
South Africa was amongst 49 Member States of the United Nations, which delivered a statement to the ICJ in February 2024 on the matter.
In summary, the ICJ concluded that:
• The State of Israel’s continued presence in the Occupied Palestinian Territory is unlawful;
• The State of Israel is under an obligation to bring to an end its unlawful presence in the Occupied Palestinian Territory as rapidly as possible;
• The State of Israel is under an obligation to cease immediately all new settlement activities, and to evacuate all settlers from the Occupied Palestinian Territory; the State of Israel has the obligation to make reparation for the damage caused to all the natural or legal persons concerned in the Occupied Palestinian Territory;
• All States are under an obligation not to recognise as legal the situation arising from the unlawful presence of the State of Israel in the Occupied Palestinian Territory and not to render aid or assistance in maintaining the situation created by the continued presence of the State of Israel in the Occupied Palestinian Territory;
• International organisations, including the United Nations, are under an obligation not to recognize as legal the situation arising from the unlawful presence of the State of Israel in the Occupied Palestinian Territory; and
• The United Nations, and especially the General Assembly, which requested the opinion, and the Security Council, should consider the precise modalities and further action required to bring to an end as rapidly as possible the unlawful presence of the State of Israel in the Occupied Palestinian Territory.
Responding to the Court’s Advisory Opinion, International Relations and Cooperation Minister, Ronald Lamola, said the ICJ ruling affirms South Africa’s long-standing position that the occupation by Israel of Palestinian territory remains unlawful under international law.
“The international community must act to bring an immediate end to the occupation and the gross violations of international humanitarian and human rights law being perpetrated by Israel against the Palestinian people. There is now an additional legal obligation for all States to end complicity in Israel’s illegal actions and to act to ensure respect for international law,” Lamola said.
Lamola said South Africa attaches particular importance to the Court’s finding that Israel is in violation of Article 3 of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), which provides that “States Parties particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction”.
He said the court’s finding reaffirms that the Israeli Government is guilty of practicing the crime of Apartheid.
“As the court put it: The Court observes that Israel’s legislation and measures impose and serve to maintain a near-complete separation in the West Bank and East Jerusalem between the settler and Palestinian communities. For this reason, the Court considers that Israel’s legislation and measures constitute a breach of Article 3 of CERD,” Lamola said. – SAnews.gov.za
