WeeklySA_AdminTODAY my office received a referral of the Situation in the State of Palestine, from the following five States Parties: South Africa, Bangladesh, Bolivia (Plurinational State of), Comoros, and Djibouti.
The upcoming Assembly of States in December will be an important moment to demonstrate, at this critical time globally, that the political commitment of States to the principles of the Rome Statute is matched with a commitment to meet the resource needs that my Office has clearly and repeatedly expressed.
Abridged statement of the Prosecutor of the International Criminal Court, Karim AA Khan, on receipt of a referral from five States, including South Africa
GENOCIDE FEARS LOOM AS South Africa PUSHES FOR ICC PROBE ON ATTACKS ON GAZA
STATUTE: United Nations experts warn of a looming genocide in Gaza as the International Criminal Court gets formal request for investigation of Israeli attacks on Gaza from South Africa, Bangladesh, Bolivia, Comoros, and Djibouti…
By WSA Correspondent and Beyza Binnur Donmez
GENEVA – The International Criminal Court (ICC) today said that it has received referrals from five states for an investigation of Israel’s attacks on Gaza.
The referrals came from South Africa, Bangladesh, Bolivia, and the East African nations of Comoros and Djibouti, ICC Prosecutor Karim Khan said in a statement.
Under the court’s Rome Statute, a state party may report to the prosecutor a situation in which one or more crimes within the jurisdiction of the court appear to have been committed, and request that the prosecutor investigate the situation to determine whether one or more specific individuals should be indicted for the commission of those crimes, Khan explained. He confirmed that his office is already investigating the situation in Palestine with an investigation that began in March 2021.
It includes examining actions that could be considered Rome Statute violations since June 13, 2014, in Gaza, the West Bank, and East Jerusalem, he added. “The investigation is ongoing and covers the increase in hostilities and violence since the attacks on October 7. In accordance with the Rome Statute, our office can investigate crimes committed within a State Party’s territory and against its nationals,” he said.
“As I stated in my recent visit to Rafah Crossing, pursuant to its mandate, this Unified Team is moving with focus in collecting, preserving and analysing information and communications from key stakeholders in relation to relevant incidents,” he said.
The office has gathered “a significant volume of information and evidence,” he said and added: “I continue to encourage all those with relevant information to contact my Office.”
Since Israel started bombing Gaza on Oct. 7, at least 11 500 Palestinians have been killed, including over 7 800 women and children, and more than 29 200 others have been injured, according to the latest figures.
Thousands of buildings, including hospitals, mosques, and churches, have also been damaged or destroyed in Israel’s relentless air and ground attacks on the besieged enclave.
An Israeli blockade also cut Gaza off from fuel, electricity and water supplies, and reduced aid deliveries to a small trickle. The Israeli death toll, meanwhile, is around 1 200, according to official figures.
Grave violations committed by Israel against Palestinians in the aftermath of October 7, particularly in Gaza, point to a genocide in the making, UN experts said yesterday.
They illustrated evidence of increasing genocidal incitement, overt intent to “destroy the Palestinian people under occupation”, loud calls for a ‘second Nakba’ in Gaza and the rest of the occupied Palestinian territory, and the use of powerful weaponry with inherently indiscriminate impacts, resulting in a colossal death toll and destruction of life-sustaining infrastructure.
“Many of us already raised the alarm about the risk of genocide in Gaza,” the experts said. “We are deeply disturbed by the failure of governments to heed our call and to achieve an immediate ceasefire. We are also profoundly concerned about the support of certain governments for Israel’s strategy of warfare against the besieged population of Gaza, and the failure of the international system to mobilise to prevent genocide,” they said.
The bombardment and siege of Gaza have reportedly killed over 11 000 people, injured more than 27 000 and displaced 1.6 million persons since 7 October 2023, while thousands are still under the rubble.
Of those killed, about 41 per cent are children and 25 percent are women. On average, one child is killed and two are injured every 10 minutes during the war, turning Gaza into a “graveyard for children,” according to the UN Secretary-General.
Almost 200 medics, 102 UN staff, 41 journalists, frontline and human rights defenders, have also been killed, while dozens of families over five generations have been wiped out.
“The reality in Gaza, with its unbearable pain and trauma on the survivors, is a catastrophe of enormous proportions,” the experts said.
In a statement issued today, the Department of International Relations and Cooperation (Dirco) confirmed that South Africa, along with like-minded States, has submitted a joint referral of the situation in Palestine to the ICC prosecutor Karim AA Khan.
It said joint referral was to ensure that “the ICC pays urgent attention to the grave situation in Palestine and thereby, lending their support to the Prosecutor’s investigation. Venezuela will petition the court in writing to join the submission”.
The Dirco statement read in part: “South Africa referred the situation in the State of Palestine to the Office of the Prosecutor (OTP) of the International Criminal Court (ICC), pursuant to Article 14 of the Rome Statute. The referral was delivered in person by South Africa’s ambassador in The Hague, Vusi Madonsela.
“The Palestine situation was referred by the State of Palestine in 2018 and the Prosecutor of the ICC opened an investigation in 2021 after Pre-Trial Chamber I of the ICC confirmed that the territorial jurisdiction of the situation includes Gaza and the West Bank, as well as East Jerusalem,” the statement added.
South Africa, along with like-minded nations, submitted a joint referral of the situation in Palestine, adding that this was to ensure that the ICC paid urgent attention to the grave situation in Palestine and thereby, lending their support to the Prosecutor’s investigation. Venezuela will petition the court in writing to join the submission.
South Africa was further encouraging other countries party to the Rome Statute to join the referral, or to make their submissions independently.
South Africa remained committed to ending impunity for war crimes, crimes against humanity and genocide, and it is hoped that the situation in Palestine will be prioritised by the ICC in order to deliver justice to the victims of these grave crimes, said Dirco.
*The National Assembly on Thursday held a debate on a motion proposed by the Leader of the Economic Freedom Fighters (EFF) Mr Julius Malema titled, “Closure of the Israel Embassy in South Africa and suspension of all diplomatic relations with Israel.”
Malema said South Africa must suspend its relations with Israel and shut down the embassy until the human rights of Palestinians are respected, promoted and protected. – Additional reporting from Anadolu Agency.
