Cape Town - South Africa has lauded the historic advisory opinion issued by the International Court of Justice (ICJ), acknowledging Israel’s continued presence in Occupied Palestinian Territories (OPT) as unlawful and that Israel was obligated to bring to an end its presence “as rapidly as possible”.
The UN’s apex court on Friday issued the advisory opinion on the “Legal Consequences Arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem”.
The court further ruled that Israel is under an obligation to immediately cease all new settlement activities and to evacuate all settlers from the occupied territories; for Israel to make reparation for the damage caused to all natural or legal persons concerned in the OPT; and that states were obligated not to recognise the situation arising from Israel’s unlawful presence in the OPT as legal and not to render aid or assistance to maintaining the situation.
In a statement, portfolio committee on international relations and co-operation chairperson, Supra Mahumapelo, welcomed the ruling.
“We have noted the ruling as a progressive and historic development and wish for more progressive and binding resolutions that will liberate the people of Palestine from the violence and aggression of Israel,” Mahumapelo said.
Minister of International Relations and Co-operation Ronald Lamola referred to the ruling as groundbreaking, decisive, and instructive.
“There is nowhere to hide for the state of Israel because they have always been arguing that they are acting in self-defence. This ruling clearly shows that an occupier can’t act in self-defence and can’t enter and occupy another state in violation of international law.”
In a statement, Lamola said the ICJ ruling affirmed South Africa’s long-standing position that the occupation by Israel of Palestinian territory remains unlawful under international law.
“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.”
SA Zionist Federation’s Rolene Marks said the organisation rejected and condemned the legal opinion.
“This opinion, proffered by a UN court, is merely another explicitly political gesture from a partisan institution, deeply flawed on both legal and moral grounds,” Marks said.
“It is crucial to note that the ICJ opinion is non-binding. Nevertheless, it will likely embolden a South African government that persistently uses the ICJ as a propaganda tool,” said Marks.
In response to the opinion, Israel’s Prime Minister Benjamin Netanyahu said: “The Jewish people are not occupiers in their own land, including in our eternal capital Jerusalem nor in Judea and Samaria, our historical homeland. No absurd opinion in The Hague can deny this historical truth or the legal right of Israelis to live in their own communities in our ancestral home.”
Palestine Solidarity Campaign co-ordinator Usuf Chikte said failure of the international community and the SA government to punish the Zionist project legally and diplomatically, would only further entrench Israel’s impunity and encourage its commission of crimes against humanity.
“The World Court ruled Israel must get out of Palestine, as its apartheid is a hideous crime against the Palestinians.
“It affirms what the PSC has been saying, that legally Israel has no ‘right of self-defence’ when its annexation is a permanent and overt act of aggression against the Palestinian people.
“Israel and all its settlers must get out of Palestine, all Palestinian refugees must return, and full restitution and reparations be made to Palestinians.”
Cape Argus