Sameera Casmod | sameerac@radioislam.co.za
15 August 2024 | 12:49 p.m. SAST
2-minute read

South Africa will present evidence of genocide at the International Court of Justice (ICJ) in October after an earlier ruling in January 2024 that Palestinians had a ‘plausible right’ to be protected from genocide under the Genocide Convention.

“We have a dedicated legal team working really hard to collect that evidence so that we can present it to the International Court of Justice,” Mr Chrispin Phiri, spokesperson for the Minister of International Relations and Cooperation, said in an interview on Radio Islam International.

Since it lodged its genocide case against Israel in December last year, South Africa has approached the world court three times to request further provisional measures.

South Africa, in collaboration with Algeria, has been working to ensure that the United Nations Security Council adheres to its own court’s decisions in a way that gives credibility to international law.

Mr Phiri discussed the limitations of the United Nations Security Council’s veto power, particularly in relation to the decisions made by the ICJ.

He argues that a Security Council member such as the United States- a close ally of Israel- cannot veto a decision made by an international court, especially when it comes to matters that have already been ruled on, such as the legality of Israel’s occupation of Palestine, which the ICJ has deemed unlawful in an advisory opinion.

International law should not be subject to veto power, as this would undermine the rule-based legal system that the United Nations seeks to uphold. Allowing such vetoes would lead to a system driven by national interests rather than justice and the rule of law, Mr Phiri said.

Turkey has joined 10 other countries in support of South Africa’s genocide case against Israel.

“We are seeing a number of nations coming to the fore and saying that they would also present their perspective of what they believe is a genocide,” Mr Phiri stated. “The court really benefits from these perspectives because it nuances the arguments and it provides a detailed analysis for the court to interrogate and understand what is happening,” he added.

South Africa’s position on Israel’s onslaught creates risks of diplomatic and economic consequences for the country. The government asserts that its position is underpinned by trust in a credible international system.

Mr Phiri emphasised that the nation’s principled stance on the Palestinian cause supersedes economic interests.

“We want to be able to trade with everyone. But at the same time, we can’t be trading at the expense of principles and human rights,” Mr Phiri said.

Listen to the full interview on Sabaahul Muslim with Moulana Sulaimaan Ravat.