Simon Nare
THE South African government has welcomed the affirmation by the International Court of Justice Advisory Opinion that the continued presence of Israel in Palestinian land was unlawful and Israel must, with immediate effect, withdraw.
The Advisory Opinion ruling was requested by the United Nations General Assembly following the ruling by the International Court in The Hague after the South African government filed a complaint and laid a charge against the Israel government.
International Affairs and Cooperation Minister Ronald Lamola hailed the ruling as a vindication for the government’s pursuant of the injustice against the Palestinian people.
“Today’s (Friday) ruling by the ICJ affirms South Africa’s long-standing position that the occupation by Israel of Palestinian territory remains unlawful under international law,” said the minister.
“The court was of the view that the effects of Israel’s policies, and its existence of sovereignty over certain parts of the Occupied Palestinian Territory, constitute an obstruction to the exercise by the Palestinian people of their right to self-determination.
“This includes Israel’s annexation of parts of the Occupied Palestinian Territory, the fragmentation of this territory, undermining its integrity, the deprivation of the Palestinian people of the enjoyment of the natural resources of the territory and its impairment of the Palestinian people’s right to pursue its economic, social and cultural development,” said the ruling.
South Africa made the unprecedented move when it launched the bid to have the bombing of Palestinian territory which started in October last year. The bombing sparked wild-condemnation.
The Friday ruling saw several countries in the Gulf region such as Iraq, Jordan and Saudi Arabia reportedly welcoming the running by the board which in effect is meant to guarantee the people of Palestine their right to self-determination.
The ruling followed a bid by South Africa which saw 49 other countries supporting the move. The ruling in effect states:
▪ the State of Israel’s continued presence in the Occupied Palestinian Territory is unlawful;
▪ the State of Israel is under an obligation to bring to an end its unlawful presence in the Occupied Palestinian Territory as rapidly as possible;
▪ the State of Israel is under an obligation to cease immediately all new settlement activities, and to evacuate all settlers from the Occupied Palestinian Territory; the State of Israel has the obligation to make reparation for the damage caused to all the natural or legal persons concerned in the Occupied Palestinian Territory;
▪ all States are under an obligation not to recognise as legal the situation arising from the unlawful presence of the State of Israel in the Occupied Palestinian Territory and not to render aid or assistance in maintaining the situation created by the continued presence of the State of Israel in the Occupied Palestinian Territory;
▪ international organisations, including the United Nations, are under an obligation not to recognize as legal the situation arising from the unlawful presence of the State of Israel in the Occupied Palestinian Territory; and
▪ The United Nations, and especially the General Assembly, which requested the opinion, and the Security Council, should consider the precise modalities and further action required to bring to an end as rapidly as possible the unlawful presence of the State of Israel in the Occupied Palestinian Territory.
In welcoming the ruling Lamola said there must be uniform effort by the community to bring to an immediate end to Israel occupation in the Palestinian land.
“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,” said Lamola.
