Lamola stands by SA’s genocide case against Israel as a ‘necessary intervention’

Minister of international relations & cooperation Ronald Lamola has reaffirmed SA’s legal and constitutional commitment to its case against Israel at the International Court of Justice (ICJ).

Lamola has described the proceedings as a necessary intervention to uphold international law and prevent further humanitarian harm in Gaza.

Addressing a joint sitting of the portfolio committees on international relations & cooperation and on justice & constitutional development, Lamola said SA’s application, filed in December 2023, was instituted under the Genocide Convention and seeks to compel Israel’s compliance with binding provisional measures issued by the court.

“The case has a direct impact on how international law and international humanitarian law is applied,” Lamola told MPs, referencing the broader implications for global governance and the rule of law.

He warned that the post-World War 2 legal order was under “severe threat” and called on states committed to the UN Charter to act collectively in defence of legal norms.

SA has already submitted its memorial to the ICJ, alleging that Israel’s conduct in Gaza constitutes violations of the Genocide Convention.

The court has issued three sets of provisional measures — on January 26, March 28 and May 24 2024 — requiring Israel to prevent genocidal acts, ensure humanitarian access, prevent incitement, preserve evidence and report on compliance.

The minister also addressed the diplomatic consequences of the case, noting that several countries — including Brazil, Spain, Turkey and Ireland — have requested to intervene under article 63 of the ICJ Statute.

These interventions are limited to interpretive submissions on the convention and do not make the intervening states parties to the dispute.

Lamola stated that the case could “resonate far beyond Israel and Palestine,” and reiterated SA’s intention to act within multilateral institutions to protect the rights of all people in conflict zones.

The committee was briefed on the evidentiary record submitted to the UN Security Council, including reports on the collapse of Gaza’s health system and allegations of incitement by Israeli officials.

Lamola cited statements from UN special rapporteur Dr Tlaleng Mofokeng, who warned that the right to health in Gaza had been “decimated at every level” and introduced the term “medicide” to describe the systematic destruction of medical infrastructure.

These findings were later corroborated by Israeli NGOs B’Tselem and Physicians for Human Rights Israel.

In response to questions from MPs, Lamola acknowledged that enforcement of ICJ measures remains politically constrained.

The minister concluded by reaffirming SA’s support for a two-state solution and its participation in diplomatic coalitions such as the Hague Group and the Madrid Group.

These initiatives advocate for an immediate ceasefire, the release of hostages and political prisoners and the removal of obstacles to peace, including illegal settlement expansion and the separation wall.

While the ICJ has not yet ruled on the merits, the provisional measures already issued reflect the court’s assessment of plausible risk and irreparable harm.

The long-term significance of the case lies in its potential to clarify the scope of state obligations under the Genocide Convention and to test the enforceability of international law in politically sensitive contexts. 

roost@businesslive.co.za