SA ambassador in Hague delivers referral to ICC for war crime probe against Israel

As Israel continues its relentless bombing of Gaza in Palestine, South Africa has reiterated its stance on the ongoing conflict, submitting a joint referral to the International Crimes Court (ICC).

The South African government wants the ICC to investigate Israel for war crimes.

The Department of International Relations and Cooperation (Dirco) announced on Friday that Vusi Madonsela, South Africa’s ambassador in the Hague, Netherlands personally delivered the referral to the office of the prosecutor (OTP) at the ICC.

Referral

The document was submitted jointly with Bangladesh, Bolivia, Venezuela, Comoros and Djibouti.

The Palestine situation was referred by the State of Palestine in 2018 and the prosecutor of the ICC opened an investigation in 2021 after pre-trial chamber I of the ICC confirmed that the territorial jurisdiction of the situation includes Gaza and the West Bank, as well as East Jerusalem.

“This is after a number of countries sought to block the referral by the Palestinian Authority by challenging the court’s jurisdiction with regards to the situation in Palestine,” the department said.

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Prosecutor Karim A.A. Khan confirmed that Rome Statute crimes committed since 7 October 2023 form part of the OTP’s investigation.

“South Africa is further encouraging other states parties to the Rome Statute to join the referral, or to submit separate referrals independently.

South Africa remains committed to ending impunity for war crimes, crimes against humanity and genocide, and it is hoped that the situation in Palestine will be prioritised by the ICC in order to deliver justice to the victims of these grave crimes,” the department said.

Parliament motion

Meanwhile, Parliamentarians will vote this coming week on a motion to close the South African embassy in Israel and boot out the Israeli ambassador to South Africa or not.

This comes after the Economic Freedom Fighters (EFF) tabled a motion that South Africa cut diplomatic ties with Tel Aviv and close Israel’s embassy.

The National Freedom Party (NFP) Al Jamah-ah and the Good party backed the red berets motion while Democratic Alliance (DA) the Inkatha Freedom Party (IFP) the African Christian Democratic Party (ACDP) and the Freedom Front Plus (FFP) rejected it.

Gaza attack

Israel’s bombing of the Gaza Strip has killed more than 12 000 Palestinians, most of them women and children, while thousand more including children – are reported missing, potentially trapped, or deceased beneath the rubble, according to the Health Ministry.

The attack by Israel came after Hamas launched a surprise attack on 7 October, which left 1 200 people – mostly civilians – dead, with 239 hostages, according to revised Israeli figures.

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