'Decisive victory for international rule of law': South Africa welcomes world court order on war in Gaza

South Africa welcomed the order made by the International Court of Justice (ICJ) on Friday that Israel must take measures to prevent and punish direct incitement of genocide in its war in Gaza. 

“Today marks a decisive victory for the international rule of law and a milestone in the search for justice for the Palestinian people,” the department of international relations and co-operation said. 

South Africa brought the case to the ICJ earlier this month, asking it to grant emergency measures to halt the fighting, which has killed more than 26,000 Palestinians.  

The South African government accused Israel of state-led genocide in its offensive, which began after Hamas militants stormed into Israel killing 1,200 and kidnapping more than 240 people on October 7. Israel sought to have the case thrown out. 

The department said the court determined that Israel’s actions in Gaza were plausibly genocidal and indicated provisional measures that Israel must take on that basis.

“For the implementation of the international rule of law, the decision is a momentous one. South Africa thanks the court for its swift ruling,” it said.  

It said the UN Security Council will now be formally notified of the court’s order.  

“The veto power wielded by individual states cannot be permitted to thwart international justice, not least in light of the ever-worsening situation in Gaza brought about by Israel’s acts and omissions in violation of the Genocide Convention.” 

The department said the provisional measures are directly binding on Israel, which is required — following the court’s order and to the Genocide Convention itself — to stop all acts by it that are plausibly genocidal, such as those raised by South Africa in its application and request for the indication of provisional measures.  

It said there was no credible basis for Israel to continue to claim that its military actions were in full compliance with international law, including the Genocide Convention.  

“South Africa sincerely hopes that Israel will not act to frustrate the application of this order, as it has publicly threatened to do, but that it will instead act to comply with it fully, as it is bound to do.”

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