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Justice minister Thembi Simelane has welcomed the International Criminal Court’s (ICC’s) issuance of arrest warrants against Israeli Prime Minister Benjamin Netanyahu, former Israeli defence minister Yoav Gallant and Hamas military chiefMohammed Deif.
Simelane said this step underscored the international community’s determination to hold individuals accountable for alleged war crimes and crimes against humanity, reaffirming the fundamental principles of international law and justice.
The ICC on Thursday issued an arrest warrant for only one Hamas leader, Deif. The ICC chief prosecutor Karim Khan had also sought the arrest of two others, Hamas leader Yahya Sinwar and Hamas political leader Ismail Haniyeh. However, the two men have since been killed, Haniyeh in Tehran in July and Sinwar in Gaza in October.
Khan accused the three of war crimes and crimes against humanity for the killing of civilians and taking of hostages during the October 7 2023 attack on Israel, as well as mistreatment of and sexual violence against hostages held in Gaza.
Reuters reported this week that Israel claims to have killed Deif in an air strike but Hamas has neither confirmed nor denied this. The ICC is pressing ahead with its warrant against Deif in the absence of proof that he is dead.
Simelane said the ICC’s warrants marked a critical moment in addressing decades of impunity surrounding serious violations.
The ICC’s findings provided compelling evidence that both Netanyahu and Gallant intentionally deprived the civilian population of Gaza of essential resources, including food, water, fuel and medical supplies, Simelane said.
She said their actions, which obstructed humanitarian aid and worsened an already dire humanitarian crisis, constituted serious breaches of international humanitarian law.
“This step by the ICC is a vindication of South Africa’s position, which has been canvassed extensively before the International Court of Justice (ICJ). The international community can no longer ignore the glaring evidence of genocide and systemic violations of international law in Gaza,” she said.
She said South Africa, alongside other nations, has consistently called for accountability to address the atrocities committed against Palestinians.
Simelane said South Africa’s submissions to the ICJ had strengthened the case that Israel’s actions met the definition of genocide under the Convention on the Prevention and Punishment of the Crime of Genocide.
Simelane expressed confidence that parties to the Rome Statute would fulfil their legal obligations by enforcing the ICC’s warrants.
She also urged non-signatory states to act in accordance with their moral responsibilities to support the ICC in ensuring accountability.
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