ICC
The South African Government has welcomed the recent decision by the Prosecutor of the International Criminal Court (ICC), Karim Khan KC, to apply for arrest warrants against Israeli Prime Minister Benjamin Netanyahu, Defence Minister Yoav Gallant, and three prominent Hamas leaders — Yahya Sinwar, Mohammed Diab Ibrahim Al-Masri, and Ismail Haniyeh. These warrants encompass alleged war crimes and crimes against humanity.
This development comes during a period of intense conflict in Gaza. South Africa, a nation that has passionately advocated for a ceasefire, reiterates its deep commitment to “the international rule of law.”
President Cyril Ramaphosa articulated this stance in a recent statement, underlining South Africa’s unwavering respect for human rights and dedication to resolving international disputes through negotiation rather than conflict. He emphasised the necessity of self-determination for all peoples, particularly noting the plight of the Palestinians.
“South Africa is committed to the international rule of law, universal respect for human rights and the settlement of all international disputes by negotiation and not war, and the self-determination of all peoples, including the Palestinians. We have also consistently held that all participants to the conflict must ensure that fighting and hostilities come to an immediate end, that all hostages must be released immediately, and that Israel immediately withdraws its military forces from Gaza. This is the only way in which the rights of the Palestinian civilian population can be protected and the basis for sustainable peace can be achieved,” President Ramaphosa stated.
In a detailed statement issued on Monday, ICC Prosecutor Karim Khan KC outlined the grounds for the arrest warrants. According to the evidence, his office believes that Netanyahu and Gallant are criminally responsible for several egregious acts, including using starvation of civilians as a method of warfare, causing great suffering, wilful killing, intentionally attacking civilian populations, extermination, persecution, and other inhumane acts.
Similarly, the prosecutor asserts that Hamas leaders Sinwar, Al-Masri, and Haniyeh bear responsibility for war crimes and crimes against humanity, such as extermination, murder, taking hostages, rape, torture, and cruel treatment in the context of captivity.
The ongoing Israeli-Hamas conflict has tragically claimed over 34,000 Palestinian lives, including many women and children. This unfortunate situation was exacerbated on October 7 last year when a deadly Hamas-led attack resulted in the loss of more than 1,000 lives in Israel.
In response to the escalating violence, South Africa recently returned to the International Court of Justice (ICJ) to seek an urgent order for the protection of Palestinians in Gaza amidst Israel’s intensified military actions in Rafah. This urgent application seeks to address the extreme risks posed to humanitarian supplies, basic services, the medical system, and the survival of Palestinians as a group in Gaza.
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