South Africa has taken steps towards laying a formal complaint with the International Criminal Court (ICC) against the Israeli government, stating that they believe war crimes are being committed by Israel in the war between Israel and Hamas. South Africa has made a referral to the ICC while calling for a ceasefire and echoing the two-state model as a solution. Ramaphosa stated that the country is opposed to the ongoing operations targeting hospitals where babies, women, and the injured are dying like flies.
Ramaphosa discussed the ongoing conflict with the emir of Qatar, Sheikh Tamim bin Hamad Al Thani, and expressed gratitude for his intervention in mediating the crisis. He also advocated for a two-state solution where Palestine emerges as a fully fledged state, while Israel's state exists. South Africa will be looking at ways to assist Palestinians caught in the crossfire, sending forward medicine and related products, and collaborating with Egypt and NGOs.
The ICC processes the referral, which must determine whether there is a case to investigate. The Office of the ICC Prosecutor must determine whether there is sufficient evidence of crimes of sufficient gravity falling within the ICC's jurisdiction, whether there are genuine national proceedings, and whether opening an investigation would serve the interests of justice and the victims. After gathering evidence and identifying a suspect, the prosecution requests ICC judges to issue an arrest warrant for those involved or a summons to appear before the ICC on a voluntary basis.
South Africa has accused Israel of often avoiding accountability in international forums and has become a law unto itself internationally. Following Hamas's attacks in Israel on 7 October, which led to more than 1,200 mostly civilian deaths, Israel launched an aerial assault on Gaza before sending in troops. According to figures collected by the Hamas-run health department, by Wednesday, at least 11,240 people in Gaza had been killed, including 4,630 children and 3,130 women.
