South Africa has submitted a public dossier to members of the United Nations Security Council (UNSC) of what it called “evidence relating to the State of Israel’s intent and incitement to commit genocide against Palestinians in Gaza”.
Addressing a Security Council meeting on the Palestinian question, South Africa’s Ambassador, Mathu Joyini, also called on the council to give effect to the judgements of the International Court of Justice (ICJ), most recently its provisional order for Israel to halt its military offensive on Rafah.
South Africa sought to implore the council to act – reminding it of its mandated role to maintain international peace and security – and that its failure to act decisively would result in more people dying, being injured and living in intolerable conditions.
Ambassador Mathu Joyini says, “South Africa has provided the Council with a public dossier of evidence relating to the state of Israel’s intent and incitement to commit genocide against the Palestinians in Gaza. We remind members of the Council that Article 94(2) of the UN Charter states that, “If any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the ICJ, the other party may have recourse to the Security Council, which may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgment. South Africa therefore requests the Security Council to give effect to the Court’s judgements in the case of South Africa vs Israel.”
Application of international law
Joyini also reiterated South Africa’s long-stated position that the international community could not proclaim the importance of international law and the UN Charter in some situations and not in others, as if to incorrectly demonstrate that international law only applied to a select few.
She explained to council members that for international law to be credible, it should be uniformly applied.
The ICJ provisional orders handed down on May 24th called on Israel to “immediately halt its military offensive, and any other action in the Rafah Governorate, which may inflict on the Palestinian group in Gaza conditions of life that could bring about its physical destruction in whole or in part”.
Israel’s South African-born deputy Ambassador, Jonathan Miller, framed the Court’s order, saying:
Israel’s Deputy Permanent Rep, South African born Ambassador Jonathan Miller:#sabcnews pic.twitter.com/I5PMjo0svh
— Sherwin Bryce-Pease (@sherwiebp) May 29, 2024
But Joyini rejected that interpretation, just days after an Israeli strike targeting Hamas militants ignited an inferno at a displaced tent encampment, killing 45 people, mostly women, children and the elderly – while Israeli tanks continue into the heart of Rafah.
“Contrary to what we have just heard from the representative of Israel, in his decisions, the court has asserted that the Palestinians have a legal right to protection against genocide, and that South Africa had shown that there was a real and imminent risk to the irreparable violation of their right. The ICJ orders make it clear that there is a serious risk of genocide against the Palestinian people in Gaza. Third states must therefore also act independently and immediately to prevent genocide by Israel, and to ensure that they are not themselves in violation of the Genocide Convention, including by aiding or assisting in the commission of genocide. This necessarily imposes an obligation on all states to cease funding and facilitating Israel’s military actions, which are plausibly genocidal.”
Algeria has submitted a new draft resolution that seeks to give effect to the ICJ provisional orders including that Israel immediately halt its military offensive in Rafah, demanding an immediate ceasefire and the unconditional release of all hostages.
