South Africa has welcomed the decision by the prosecutor of the International Criminal Court (ICC), Karim Kahn who has filed an application for arrest warrants against Prime Minister of Israel Benjamin Netanyahu, his Defence Minister Yoav Gallant, and three leaders of Palestinian militant group Hamas.
IOL reported on Monday that Kahn is seeking warrants of arrest for Netanyahu and Gallant, for what he described as their “criminal responsibility” for war crimes committed in Gaza.
The ICC prosecutor has also submitted applications for arrest warrants against Hamas leader Yahya Sinwar, Mohammed Diab Ibrahim Al-Masri and Ismail Haniyeh.
Reacting to the development, President Cyril Ramaphosa said Khan’s decision is fully welcomed by Pretoria.
“South Africa welcomes the decision by the prosecutor of the International Criminal Court, Karim Kahn KC, on the application for arrest warrants for the prime minister and defence minister of Israel and three leaders of Hamas for alleged war crimes and crimes against humanity under the Rome Statute of the ICC within the context of the present conflict in Gaza,” the Presidency said in a statement.
“The law must be applied equally to all in order to uphold the international rule of law, ensure accountability for those that commit heinous crimes, and protect the rights of victims.”
To this end, the Presidency said the Rome Statute is premised on holding those most responsible for atrocity crimes accountable for their conduct.
President Cyril Ramaphosa emphasised that South Africa stands for settlement of all international disputes through negotiation, not war.
"South Africa is committed to the international rule of law, universal respect for human rights and the settlement of all international disputes by negotiation and not war, and the self-determination of all peoples, including the Palestinians," said Ramaphosa.
He said this commitment, together with the paralysis experienced in the United Nations Security Council, preventing it from exercising its peace and security mandate with respect to the conflict in Gaza, resulted in South Africa approaching the principal judicial organ of the United Nations, the International Court of Justice (ICJ) on the basis of the Genocide Convention.
Ramaphosa said South Africa’s intervention seeks to restrain Israeli action and to protect Palestinian civilians and non-combatants.
The president said South Africa recalls that the widespread deprivation of food and other basic necessities and the blocking of humanitarian assistance to the Palestinian civilian population in Gaza resulted in unprecedented levels of food insecurity and formed the basis for South Africa’s request to the ICJ to order additional provisional measures against Israel.
“We have also consistently held that all participants to the conflict must ensure that fighting and hostilities come to an immediate end, that all hostages must be released immediately, and that Israel immediately withdraws its military forces from Gaza,” said Ramaphosa.
“This is the only way in which the rights of the Palestinian civilian population can be protected and the basis for sustainable peace can be achieved.”
Meanwhile, AFP reported that both Israel and Hamas, engaged in heavy fighting in the Gaza Strip, have angrily rejected the ICC moves to arrest their leaders for war crimes.
Israel slammed as a "historical disgrace" the demand targeting Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant, while the Palestinian militant group Hamas said it "strongly condemns" the move.
Israel's top ally, the US, joined the condemnation, while France said it supported the court's independence and its "fight against impunity".
IOL