Speeches

South Africa’s Statement on Interventions on the Violation of International Law in Palestine delivered by the Minister of Justice and Constitutional Development Mmamoloko Kubayi on the occasion of the 63rd Annual Session of Asia-African Legal Consultative Organisation, Kampala, Uganda, 10 September 2025

Madam / Mr President,
Excellencies,
Distinguished delegates,

South Africa thanks the Secretariat for its continued attention to the question of Palestine, which remains one of the most urgent legal and moral tests for the of our time. In this regard, we would like to join the United Nations, Secretary General Antonio Guterres in condemning the Israeli Qatar strike as a violation Qatar’s sovereignty and territorial integrity.

The plight of the Palestinian people is no longer only a question of occupation: it is a question of survival in the face of Israeli conduct that amount to genocide.

The deliberate destruction of Gaza, the widespread killing of civilians, the targeted bombardment of hospitals, schools and homes, and the intentional use of starvation as a method of warfare, demonstrate a pattern of conduct calculated to destroy the Palestinian population in whole or in part.

The International Court of Justice, in its Advisory Opinion of July 2024 and in its legally binding provisional measures in the case of South Africa v. Israel, has found that Israel’s continued presence in the Occupied Palestinian Territory is unlawful and that the Palestinian people face a real and imminent risk of irreparable prejudice under the Genocide Convention.

Despite these clear rulings, Israel continues its campaign of destruction with full impunity, shielded by inaction by the majority of States, and in the application selective application of international law as concerns Israel’s actions.

The reports of the UN High Commissioner for Human Rights, the Special Rapporteur, and the Independent International Commission of Inquiry have exposed systematic atrocities: forced displacement of over 90% of Gaza’s population, deliberate starvation of civilians, destruction of essential infrastructure, arbitrary detention, gender-based violence, and targeted attacks on humanitarian workers and journalists.

These acts are unconscionable and strike at the core of the international legal order.
South Africa is equally alarmed by the situation in the West Bank, including East Jerusalem. There, Palestinians face daily raids, mass arrests, settler violence, and the expansion of illegal settlements.

The ICJ has confirmed that Israel’s policies amount to annexation and apartheid. The pattern is clear: Israel’s stated and ultimate objective is to make Palestinian life so unsustainable that Palestinians are either displaced permanently or reduced to fragmented enclaves without sovereignty.

This is not a situation that States can accept. South Africa stresses that all States have clear obligations under international law, including those reaffirmed in General Assembly and Human Rights Council resolutions, as well as binding Security Council resolutions.

These obligations include: to bring the occupation to an immediate end; Countries, big and small need to work together to find a lasting peaceful solution to the situation in Gaza.

The credibility of the international legal system rests on our collective willingness to enforce it without fear or favour. The continued impunity granted to Israel undermines the very foundation of the UN Charter and international law. It is imperative that AALCO Member States lead in implementing the resolutions of the General Assembly and Human Rights Council, taking national measures to halt trade and cooperation that sustain the unlawful Israeli occupation of the State of Palestine.

Accountability must also be extended to individuals who perpetrate international crimes. The International Criminal Court has an indispensable role in prosecuting individuals responsible for atrocity crimes, including genocide, crimes against humanity, and war crimes.

Where these mechanisms are blocked or ignored, States must exercise universal jurisdiction to ensure that perpetrators of these atrocity crimes are held accountable under the national law.

The Palestinian people have a right to their right to self-determination, and the full recognition of an independent, sovereign, contiguous State of Palestine, based on the 1967 borders with East Jerusalem as its capital. AALCO and all States have a duty not only to condemn, but to act decisively to end this prolonged atrocity and restore justice and human dignity to the Palestinian people.

I thank you Chair.