SA returns to ICJ in separate case over Israeli occupation of Palestinian territories

The court will deliver an outcome on South Africa’s request for provisional measures application today. Picture: Official account of the International Court of Justice/X

The court will deliver an outcome on South Africa’s request for provisional measures application today. Picture: Official account of the International Court of Justice/X

Published Feb 16, 2024

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South Africa will return to the International Court of Justice (ICJ) next week, joining over 50 states and three international organisations for public hearings on the request for an advisory opinion on Israel’s decades-long occupation of Palestinian territories.

The public hearings relate to the request by the UN General Assembly for an advisory opinion on “The Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem”.

Upon the conclusion of the public hearings, the ICJ will then deliberate and issue an advisory opinion.

Public hearings are scheduled to take place from Monday to February 26 at the Peace Palace in The Hague, Netherlands.

Fifty-two states and The League of Arab States, the Organisation of Islamic Co-operation and the AU will participate in the oral proceedings before the court.

South Africa will present its statements on Tuesday. The case is separate from the lawsuit instituted by South Africa on December 29 concerning Israel’s military aggression in Gaza, accusing Israel of being in breach of the UN’s Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention).

Department of International Relations and Co-operation (Dirco) director-general Zane Dangor said South Africa would be presenting an oral statement on Tuesday.

“The ICJ stuff is confidential until it is delivered. It’s a General Assembly resolution that asked the ICJ to examine the legality of Israel’s occupation. So that is basically what it is about so we have submitted papers, it was last year, and now we’re doing oral statements.”

On December 30, 2022, the UN General Assembly adopted a resolution requesting the ICJ to give an advisory opinion. Despite having voted against the resolution for an advisory opinion, the US and the UK will be taking part in the oral proceedings. Absent from the proceedings is Israel.

Addressing the media at the AU headquarters in Addis Ababa, Ethiopia, Dirco Minister Naledi Pandor said: “South Africa is totally horrified at what is happening, continuing to happen to the people of Gaza, West Bank and now Rafah.

“We believe this confirms the allegation we’ve tabled before the ICJ that genocide is under way in the occupied Palestinian territories and clearly the actions of the Israeli government prove that what we have said is actually accurate.”

Since October 7, at least 28 663 Palestinians have been killed and at least 68 395 wounded as a result of Israeli aggression in Gaza, where over 1.4 million Palestinians are seeking refuge in tents and makeshift shelters. Israel is increasing its attacks on Rafah.

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