Solidarity with Palestine at the World Cup. Photo: Supplied
South Africa has welcomed the International Court of Justice’s (ICJ) advisory opinion that the United Nations (UN) and its security council must take swift action to end Israel’s “unlawful occupation” in Palestinian territory.
The court’s advisory opinion, which was issued in the Hague on Friday comes after a request for its consideration of the matter by the United Nations General Assembly on 30 December 2022. South Africa was among the 49 Member States of the UN which delivered a statement on the matter to the ICJ in February 2024.
In the 83-page advisory opinion, the court unanimously reaffirmed its jurisdiction on the matter and was of the view that Israel’s continued presence in occupied Palestinian territory is unlawful under international law. The advisory highlighted the legal consequences arising from the policies and practices of Israel in the occupied territory, the Gaza Strip, the West Bank and East Jerusalem and called for the UN to consider further action to end the situation.
“The court is of the view that the precise modalities to bring to an end Israel’s unlawful presence in the occupied Palestinian territory is a matter to be dealt with by the General Assembly, which requested this opinion, as well as the Security Council. Therefore, it is for the General Assembly and the Security Council to consider what further action is required to put an end to the illegal presence of Israel, taking into account the present advisory opinion,” the ICJ noted in the advisory.
According to the advisory opinion, 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 Palestinian people’s 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 people’s right to pursue their economic, social and cultural development.
In summary, apart from concluding that Israel’s continued presence in Palestine is unlawful, it was of the view that Israel is obligated to bring to an end its unlawful presence “as rapidly as possible” and “to cease immediately all new settlement activities, and to evacuate all settlers” from the occupied Palestinian territory. It also held that Israel is obligated “to make reparation for the damage caused to all the natural or legal persons concerned” in the territory.
It was of the view that all states and international organisations such as the UN are also “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.
“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,” the advisory note said.
SA Minister of International Relations and Cooperation, Ronald Lamola, responding to the court’s advisory opinion said its stance confirmed the country’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 violates 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”.
The court said in its advisory opinion that it “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 this finding of the court “reaffirms that the Israeli Government is guilty of practising the crime of Apartheid.”