South Africa Calls for Accountability for Israel’s Breaches of International Law

Save the Children has reported a heartbreaking statistic – the number of children killed in Gaza over the past three weeks has exceeded the total number of children killed in all conflict zones worldwide since 2019. In just under a month, more than 3,257 children have been tragically lost. This includes 3,195 children in Gaza, 33 in the West Bank, and 29 in Israel. Shockingly, children make up more than 40% of the 7,703 people killed in Gaza alone. The situation is dire, with over 1000 children missing and many trapped under the rubble due to Israel’s indiscriminate airstrikes.

It is crucial that those responsible for the deaths of these innocent children are held accountable for their actions. These acts are considered war crimes, crimes against humanity, and in the case of the mass casualties in Gaza and the West Bank, they may also amount to genocide. The deaths in Gaza are a direct result of Israel’s unlawful actions against the people of Gaza. The majority of countries, including South Africa, made this clear at the United Nations General Assembly on October 27, 2023. It is important to note that under the laws of occupation and the law of armed conflict, Israel, as an occupying power, does not have the right to defend itself through military means. This fact has been confirmed by the International Court of Justice. Israel, as an occupying power, has the responsibility to use lawful tools, including policing powers, to address criminal actions. It cannot claim control over the territory it occupies while simultaneously attacking that same territory on the grounds of national security. The notion of Israel’s right to defend itself through military means has been used incorrectly to justify the unlawful use of force against the people of Palestine in Gaza and the West Bank.

Those who have supported Israel’s unlawful use of force in the current situation must also be investigated for aiding and abetting breaches of international law. The high number of non-combatants, particularly children, who have lost their lives demands global accountability. The International Criminal Court (ICC) has previously charged Russian President Vladimir Putin for unlawfully taking children out of Ukraine to Russia. In light of this, the ICC prosecutor should use their independent powers to urgently initiate prosecutions for the wilful killing of children in Gaza. Failure to do so will only reinforce the perception that international criminal law is selectively applied for political purposes.

While numbers provide a stark illustration of the scale of the atrocities, they should not overshadow the real human tragedy unfolding in Gaza. Entire families have been wiped out within the span of three weeks. It is estimated that over 80 families have been obliterated by Israeli armed actions. Recent incidents hit closer to home, with members of the family of a senior Palestinian diplomat based in Pretoria killed in an Israeli airstrike. Another member of the Palestinian community living in Johannesburg lost 25 family members in a similar airstrike. Our deepest condolences go out to all the affected families.

It is essential to condemn the unethical commentary made by Mr Zev Krengel, the Deputy Head of the South African Jewish Board of Deputies, regarding South Africa’s stance. Mr Krengel has repeated discredited information regarding the beheading of children in Israel, perpetuating disinformation that seeks to justify any means necessary to deal with Hamas. This approach has resulted in the devastating casualties we are witnessing today. In addition, Mr Krengel has misled the South African public regarding Minister Naledi Pandor’s call with Hamas and her official visit to Iran as an envoy. Given the potentially libelous nature of his statements, further scrutiny will be undertaken at a later stage. It is important to highlight that Mr Krengel and the organization he represents are out of touch with the views of most South Africans and people around the world, including many Jewish individuals who have criticized the actions of Hamas and the Israeli government. Millions of people, including members of Jewish Voice for Peace, have taken to the streets in New York, London, Turkey, and other cities to demand an immediate ceasefire in Gaza and investigations into the breaches of international law.

One particularly grave crime looms large – the crime of genocide. Brazilian President Lula da Silva has referred to the attacks on Gaza as a genocide. Minister Pandor, too, has urged the international community not to stand by while another genocide unfolds. During a United Nations Security Council debate in New York, she stated, “We all recall that in 1994 a genocide occurred on the African continent, with the whole world watching as innocent people were massacred. History cannot repeat such cruelty. We must establish a fair and equitable global governance system that can respond to the needs of all individuals in situations of threat and harm. This system should not be a tool solely for the most powerful countries but should provide protection for the most vulnerable.”

South Africa fully supports the United Nations General Assembly’s resolution for an immediate ceasefire and the opening of a humanitarian corridor to provide essential supplies to the affected population. Furthermore, South Africa calls on the United Nations to deploy a rapid protection force to safeguard civilians from further bombardment.

Countries dedicated to upholding a rules-based system guided by international law must act swiftly to address this crisis and ensure justice for the victims.

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