Pandor warns Israel’s allies may have to answer if genocide in Gaza is proven

SA’s International Relations Minister Naledi Pandor has warned that a dangerous precedent could be set if Israel does not abide by an International Court of Justice ruling to prevent genocidal attacks in Gaza.

The court on Friday ordered Israel to limit harm to Palestinians in the region and report on steps it has taken within a month.

The court has no jurisdiction to try individuals accused of war crimes or crimes against humanity. Its rulings are legally binding but are not enforced except through the United Nation’s Security Council.

When asked if she believed Israel would honour the ruling, Pandor said she hoped the country’s “powerful friends” would advise it to do so.

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She added should Israel ignore the ruling, “we are, essentially, opening room for all abusers in many conflicts around the world. It will be setting a terrible precedent”.

The court did not rule on whether genocide had taken place in the conflict between Israel and Hamas in Gaza, but said there was evidence of it being possible.

Pandor suggested that if the court finds Israel had committed genocide in Gaza, countries who provided it with support and weapons would also have to answer.

“The fact that the court has said ‘remember, today we are not deciding about the allegation of genocide. What we are dealing with is the provisional measures’. The court is saying circumstances exist where it is plausible that genocidal acts have been committed.

“This of course means once the merit case is addressed, and if the finding is that there has been genocide, those states that have aided and abetted become a party to commission of an infringement, in terms of the [genocide] convention”.

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Pandor said it was up to Israel to decide on its next course of action.

“I don’t believe the conflict will end today or tomorrow but a very clear signal has been sent by the court. It is now a test for the government and people of Israel as to whether they will act in a manner that says all of us must respect international law.”

The minister said she would have liked for a ceasefire to be declared but was satisfied with the court ruling.

“The saving of life is not merely with respect to having a ceasefire. It is to ensure humanitarian aid is provided to those who need it, as well as ensuring the state of Israel provides the necessary basic services that residents of Gaza and the West Bank require.

“South Africa had the view that we could not stand idly by and continue to observe the killing of thousands of Palestinian citizens who had no role in the killings by Hamas”.

She said South Africa agreed with the ICJ’s decision that Hamas should release all hostages, and argued again for a two-state solution.

Decisive victory

Her department said there was no credible basis for Israel to continue to claim that its military actions are in full compliance with international law.

“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”.