SA welcomes ICJ advisory opinion on ‘Israeli practices’

Minister of International Relations and Cooperation (Dirco)  Ronald Lamola said the International Court of Justice’s (ICJ) advisory opinion on Israel’s ‘unlawful occupation’ of Palestine confirmed South Africa’s “long-standing position” that the occupation by Israel of Palestinian territory remains unlawful under international law.

The ICJ in its 83-page advisory opinion on Friday ruled that Israel’s actions in East Jerusalem and the West Bank amount to “annexation” and violate the prohibition on the acquisition of territory by force.

Reading the findings of a 15-judge panel, ICJ President Nawaf Salam said Israel is violating International law with its settlements.

“It’s of the opinion that the state of Israel’s continued presence in the occupied territory is unlawful… Israeli settlements in the West Bank and East Jerusalem, and the regime associated with them, have been established and are being maintained in violation of international law.”

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“International community must act”

South Africa welcomed the ICJ’s advisory opinion with Lamola saying the international community must act to bring an immediate end to the occupation of Palestinian land by Israel.

“The international community must act to bring an immediate end to the occupation and the gross violations of international humanitarian and human rights law being perpetrated by Israel against the Palestinian people. There is now an additional legal obligation for all States to end complicity in Israel’s illegal actions and to act to ensure respect for international law.”

Lamola said South Africa attaches particular importance to the court’s finding that Israel violates Article 3 of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), which provides that “States Parties particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction”.

“Apartheid”

In its advisory opinion, the ICJ said it “observes that Israel’s legislation and measures impose and serve to maintain a near-complete separation in the West Bank and East Jerusalem between the settler and Palestinian communities. For this reason, the Court considers that Israel’s legislation and measures constitute a breach of Article 3 of CERD.”

“This finding of the Court reaffirms that the Israeli Government is guilty of practising the crime of Apartheid,” Lamola said.

Israeli Prime Minister Benjamin Netanyahu on Friday dismissed the ICJ’s decision as “false”, while the South African Zionist Federation (SAZF) said the ICJ’s opinion, is merely another “explicitly political gesture from a partisan institution, deeply flawed on both legal and moral grounds.”

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