Question NW4017 to the Minister of International Relations and Cooperation
11 December 2023 - NW4017
Hlengwa, Mr M to ask the Minister of International Relations and Cooperation
Whether, considering that the Government has referred the Prime Minister of Israel, Mr Benjamin Netanyahu, and his senior officials to the International Criminal Court, calling for them to be investigated for war crimes and crimes against humanity, the Government has also called for Hamas leaders to face the same scrutiny; if not, what is the position in this regard; if so, what are the relevant details?
Reply:
On 17 November 2023 South Africa, joined by Bangladesh, Bolivia, Comoros and Djibouti, 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. Although Israel is not a State Party, the ICC has jurisdiction over crimes committed in the Palestinian territories by nationals of Israel. The ICC also has jurisdiction over crimes committed in Israel by nationals of the State of Palestine. Through this referral, South Africa has not called upon the OTP to investigate specific persons, rather it is a call upon the OTP to prioritise the Palestine situation and to vigorously investigate all crimes committed in the situation that fall within the jurisdiction of the ICC.