South Africa welcomes the decision by the Prosecutor of the International Criminal Court (ICC), Karim Kahn KC, on the application for arrest warrants for the Prime Minister and Defence Minister of Israel and three leaders of Hamas for alleged war crimes and crimes against humanity under the Rome Statute of the ICC within the context of the present conflict in Gaza.
Pretoria, which has been a leading proponent for a ceasefire in the conflict, said the law must be applied equally to all to uphold the international rule of law, ensure accountability for those that commit heinous crimes and protect the rights of victims.
“To this end, the Rome statute is premised on holding those most responsible for atrocity crimes accountable for their conduct.
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,” said President Cyril Ramaphosa.
Ramaphosa said the country recalls that the widespread deprivation of food and other necessities and the blocking of humanitarian assistance Palestinians in Gaza resulted in unprecedented levels of food insecurity.
“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,” explained Ramaphosa.
During a media briefing, Khan announced that his team has found evidence that Israel has intentionally and systematically deprived the civilian population in all parts of Gaza of objects indispensable to human survival and caused war crimes.
“This took place alongside other attacks on civilians, including those queuing for food, obstruction of aid delivery by humanitarian agencies, and attacks on and killing of aid workers, which forced many agencies to cease or limit their operations in Gaza.
Starvation of civilians as a method of warfare as a war crime, wilfully causing great suffering, or serious injury to body or health, or cruel treatment as a war crime, wilful killing, or murder as a war crime.
Intentionally directing attacks against a civilian population as a war crime, extermination and/or murder, including in the context of deaths caused by starvation, as a crime against humanity,” said Khan.
The Prosecutor highlighted that his office has reasonable grounds to believe that the three Hamas leaders were criminally responsible for the killing of hundreds of Israeli civilians during the October 7 attacks.
He also cited the following violations amongst others.
“Extermination as a crime against humanity, murder as a crime against humanity and as a war crime.
Taking hostages as a war crime, rape, and other acts of sexual violence as crimes against humanity, and as war crimes in the context of captivity.
Torture as a crime against humanity, and as a war crime, in the context of captivity,” explained Khan.
According to the Gaza Health Ministry, 35 562 Palestinians have been killed since 7 October, 79 652 injured while many are still trapped under rubble and on the roads as rescuers are unable to reach them.
Meanwhile, Israel said 1410 of its citizens have been killed since the renewal of the conflict last October.
