South Africa will not back down on its application in the International Court of Justice (ICJ) alleging genocide in Palestine against the Israeli government and the withdrawal of financial assistance to the country by US President Donald Trump’s administration.
This comes after Trump signed an executive order to cut financial assistance to South Africa, citing his government’s disapproval of South Africa’s land policy and its genocide case at the ICJ against Israel.
The President’s Emergency Plan for AIDS Relief, which is supported by the US Agency for International Development, has since been withdrawn.
The US administration recently imposed a 30% tariff hike on goods against South Africa and other countries, only to be reversed to the standard 10% rate applied globally on Wednesday.
Responding to parliamentary questions from Build One South Africa MP Nobuntu Hlazo-Webster, International Relations and Cooperation Minister Ronald Lamola said South Africa instituted proceedings before the ICJ to preserve the existence of the Palestinian people as a group, to end all acts of apartheid and genocide against the Palestinian people.
Lamola further said South Africa acted in accordance with its international obligations by instituting the proceedings against Israel.
“The government does not intend to reconsider South Africa’s case against Israel at the International Court of Justice following the withdrawal of all the United States of America’s (USA) aid to the Republic via the executive order by the USA President. In this regard, the case will continue until the court makes a finding,” he said.
Lamola indicated that the potential outcome of the court case could resonate far beyond Israel and Palestine.
Israel is obliged under international law to adhere to the court’s provisional orders issued to date and other international legal obligations.
Lamola insisted that South Africa will continue to act within the institutions of global governance to protect the rights, including the fundamental right to life, of Palestinians in Gaza.
“South Africa seeks to obtain a fair and equal application of international law to all in the interest of our collective humanity.”
He also said South Africa was obligated under the Genocide Convention to prevent or punish acts of genocide.
“The appropriate court to adjudicate the dispute between those who believe, based on the available facts, that Israel’s actions amount to the crime of genocide or not, is the International Court of Justice.”
Lamola said South Africa and 11 other states are arguing that the actions of Israel breached the Genocide Convention while those who disagreed have the right to approach the ICJ to present their version.
“The ICJ will, ultimately, decide based on the evidence provided to it by the parties concerned. It is not in the interest of justice and the coherence of the institutions of global justice, and indeed, their future, to allow some states to bully those who justifiably and in terms of their obligations under international law, to withdraw from important cases, such as the one in question.
“Similarly, while questions are directed at the ICJ, we note with concern the sanctions implemented by the United States against the Prosecutor of the International Criminal Court (ICC).”
Lamola noted that the US sanctions against the ICC and its officials were sanctions against all state parties.
“Forcing countries to withdraw cases to protect their allies is tantamount to acknowledging that in the international space, not all are equal before the law and that politics should trump legal processes which would only give rise to increased impunity internationally.”
He added that at the domestic level, political parties in South Africa would expect the South African government to ensure that it applied the principle that all were equal before the law and that the institutions tasked to protect this principle, including its judiciary, were not sanctioned or bullied to favour some over others.
“The same principles apply in the international legal system,” Lamola added.
mayibongwe.maqhina@inl.co.za
