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It is increasingly clear that Palestinian people are facing a threat of erasure in real time, the entire system of international law is on the line.
The report by the United Nations Human Rights Council’s Independent International Commission of Inquiry on the Occupied Palestinian Territory, has emboldened South Africa to even speak louder against the genocide taking place in Gaza.
The findings of the report has affirmed South Africa’s position that Israel is violating the human rights of the Palestinian people and is carrying out a genocide; the country further championed a human rights case to the International Court of Justice (ICJ) in December 2023, in an effort to try and halt the on-going modern holocaust.
The Department of International Relations and Cooperation (DIRCO) in South Africa, has welcomed the report and is calling on all states across the globe to take a bold stand in halting the genocide in Gaza.
The Department says the Commission has concluded that the State of Israel bears responsibility for the commission of genocide, the failure to prevent genocide, and the failure to punish genocide against the Palestinians in the Gaza Strip.
The Commission’s report concludes that the Israeli authorities and Israeli security forces have committed and are continuing to commit the following four genocidal acts, as defined in the 1948 Genocide Convention:
Killing members of the group.
Causing serious bodily or mental harm to members of the group.
Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part.
Imposing measures intended to prevent births within the group.
“This report stands as a stark confirmation of the very dire situation that compelled South Africa to approach the International Court of Justice (ICJ) in December 2023. The ICJ subsequently issued three successive orders on provisional measures on 26 January, 28 March, and 24 May 2024, aimed at protecting Palestinians in Gaza from irreparable harm.
It is with profound disappointment that the Commission’s report highlights the regrettable fact that these binding interim orders have not been heeded by Israel.
In the face of this latest report, which provides a comprehensive, forensically detailed account of an on-going genocide, the need for international action has never been more urgent. South Africa reiterates its call for all States to immediately fulfil their solemn obligations under the Genocide Convention,” said the department.
As the Commission makes clear, parties to the Convention are obliged to:
(i) Ensure that Israel implements all orders for provisional measures issued by the International Court of Justice.
(ii) Cooperate to bring to an end all Israeli actions in Gaza that amount to a violation of the Genocide Convention.
(iii) Take steps to ensure the prevention of conduct that may amount to an act of genocide under the Genocide Convention, including the transfer of weapons that are used or likely to be used by Israel to commit genocidal acts.
(iv) Not recognise as lawful the military operations in Gaza that led to the violations of peremptory norms (jus cogens), including genocide.
(v) Conduct investigations and take steps to ensure the punishment of violations of peremptory norms.
“To this end, the government of South Africa has submitted three public dossiers of information to the United Nations Security Council, a measure to ensure the UN acts in accordance with Article 94 of its Charter.
It is increasingly clear that Palestinian people are facing a threat of erasure in real time, the entire system of international law is on the line. At stake is not merely the fate of the Palestinian people, but the very principle of justice over impunity,” concluded DIRCO in a statement.
