Parliament welcomes ICJ order in South Africa’s genocide case against Israel

26 January 2024

The Presiding Officers of Parliament, led by National Assembly Speaker, Ms Nosiviwe Mapisa-Nqakula and Chairperson of the National Council of Provinces, Amos Masondo, welcome the landmark ruling of the International Court of Justice (ICJ) on South Africa’s application for an interim ruling in its genocide case against Israel.

Sitting at The Hague, in the Netherlands this afternoon, the ICJ has determined that Israel’s actions in Gaza are “plausibly genocidal” and has indicated provisional measures on that basis. The ruling vindicates South Africa’s position on an immediate ceasefire and cessation of hostilities in Gaza. The Presiding Officers said this measure is a significant human rights victory as it orders emergency measures to stop the indiscriminate bombardment in Gaza from worsening pending the case.

South Africa approached the ICJ after Parliament last year adopted a motion calling for the government to close the Israeli Embassy in South Africa and suspend all diplomatic relations with Israel. The motion also condemned the killing of defenceless children and women in Gaza, including the bombing of hospitals.
 
Pursuant to the order, the Presiding Officers call on Israel to respect the binding measures and to cease all plausibly genocidal acts in Gaza and against the Palestinian people.
 
“There is now no credible basis for Israel and its supporters’ indiscriminate military actions in the name of self-defence. The ruling is a clear demonstration of Israel’s non-compliance with international law, including the Genocide Convention,” said the Presiding Officers.
 
“We commend the ICJ for reassuring the marginalised by swiftly ruling in favour of human life, reviving people’s confidence in international law and justice. Surely, this ruling compels Israel to stop immediately all hostilities in Gaza and allow more UN humanitarian aid into the country.”
 
Considering the measures ordered by the court, we call on governments, parliaments, and the international community to respond by applying pressure on Israel to comply with the order, the Presiding Officers said.
 
We also call on the United Nations Security Council upon formal notification of the Court’s order and pursuant to Article 41(2) of the Court’s Statute, to ensure swift action as no government or state is above the law.
 
The Presiding Officers also thanked the South African government, its legal team, and the international community that rallied behind the team, and called on parliaments and governments to stand with the oppressed and oppose oppression in all its forms.

Issued by Parliament, 26 January 2024