South Africa calls for International World to hold Israel Accountable for breaches of International Law
30 October 2023
Save the Children has reported that the number of children killed in Gaza over the last three weeks has surpassed the annual number of children killed across all the world’s conflict zones since 2019. Since 07 October, more than 3 257 children are reported to have been killed. This includes at least 3 195 in Gaza, 33 in the West Bank and 29 in Israel. Children make up more than 40% of the 7 703 people killed in Gaza. Save the Children estimates that these numbers are likely to go up given that over 1000 children are missing with many trapped under the ruins and rubble as a result of Israel’s indiscriminate airstrikes on Gaza.
All of these children killed since 7 October are non-combatants and those responsible for their deaths must be held accountable for war crimes, crimes against humanity and in the case of the scale of deaths in Gaza and increasingly in the West Bank, the crime of genocide must also be investigated. The scale of deaths in Gaza are a direct result of the unlawful actions by Israel on the peoples of Gaza.
As South Africa and the majority of countries stated at the United Nations General Assembly on 27 October 2023, as part of the debate on a resolution where more than two-thirds of the General Assembly responded positively to a call for an immediate ceasefire, under the laws of occupation, which forms part of the law of armed conflict, Israel does not have the ‘right to defend itself’ using military means as Israel is an occupying power.
This is a fact, not an allegation. It has been confirmed by the International Court of Justice. As the occupying power, Israel can use tools applicable to the rule of law, including policing powers to deal with criminal actions. An occupying state cannot exercise control over territory it occupies and simultaneously militarily attack that territory on the claim that it is “foreign” and poses an exogenous national security threat. The notion of Israel’s right to defend itself through military means has been used erroneously by some, and deliberately by others to justify the unlawful use of force by Israel on people of Palestine in Gaza and the West Bank.