16 October 2023
Dear Excellencies,
The Southern Africa Litigation Centre (SALC) is a regional non-governmental organisation based in Johannesburg, South Africa. SALC’s mandate is to promote human rights and protect the rule of law in the Southern African region. SALC’s International Justice cluster focuses on fighting impunity for international crimes and holding perpetrators of international crimes accountable.
SALC is seriously concerned by the ongoing reports of violations of international humanitarian law and grave human rights violations in Gaza (Palestine) since 7 October 2023. Atrocities such as the killing and targeting of innocent civilians must be stopped, investigated and prosecuted no matter on which side of this conflict they occurred.
SALC is appalled by statements by Minister of Defense Yoav Gallant stating: “I have ordered a complete siege on the Gaza Strip. There will be no electricity, no food, no fuel; everything is closed.” He continued, “We are fighting human animals, and we are acting accordingly”. Such dehumanising language has often preceded the crime of genocide in the past and has served as a catalyst for further atrocities. Such statements further show intent to commit war crimes, such as the war crime of starving civilians and/or other crimes under the jurisdiction of the International Criminal Court (ICC). The numerous reports of bomb and rocket attacks on buildings and infrastructure in Gaza, one of the most densely populated areas in the world, show little regard for core principles of international humanitarian law, such as the one of not attacking civilians under the principle of distinction.
While we welcome the call by African States for a cessation of hostilities and prevention of further escalation, such measures are insufficient to fight impunity for international crimes. The need to fight against impunity and initiate proceedings to hold perpetrators of international crimes accountable must start now.
We, therefore, call on all 33 African Member States to the ICC to use their influence as Member States of the Court and provide technical and political support to the Court to overcome challenges in investigating the situation in Palestine. We further call on all 33 African ICC Member States to use their right under article 14 of the Rome Statute if needed to enable the Prosecutor’s Office to expedite and prioritise these proceedings.
On 3 March 2021, the Prosecutor of the International Criminal Court (ICC) announced the opening of the investigation into the situation in the State of Palestine. This followed a decision by the Pre-Trial Chamber of the ICC that confirmed that the ICC may exercise its criminal jurisdiction in the situation in Palestine and that the territorial scope of this jurisdiction extends to Gaza and the West Bank, including East Jerusalem. As long as part of the crime occurs in the territory of an ICC State Party, and there is a territorial link to the ICC State Party, such as Palestine, the ICC has jurisdiction over such conduct.
We further urge all 33 African ICC Member States to use the precedent and momentum that was created by the Ukraine situation, where State support and State referrals by more than 39 ICC State Parties resulted in expedited proceedings and two arrest warrants within 13 months from the time the ICC Prosecutor announced its decision to proceed with opening an investigation into the situation in Ukraine.
In light of the criticism by some African States on the double standards within the ICC system, we, therefore, urge you to use your voice as a signatory of the Rome Statute to correct imbalances you see as a Member State and support the work of the Court. We believe that such action is essential to meet the inherent challenges faced in conducting these investigations and also to overcome political challenges by showing strong support for the ICC investigations in the Palestine situation.
There is no space for double standards in international criminal justice. Without fear or favour, international crimes committed in Palestine must be investigated and prosecuted no matter by whom they were committed. As signatories to the Rome Statute, you committed yourself to the idea of fighting impunity and holding perpetrators of international crimes accountable. Only if the principles of the Rome Statute are applied equally will the ICC’s accountability system have a chance to make a meaningful contribution to the fight against impunity. A lasting peace in the region can only be achieved through accountability and justice.
Yours sincerely,
Southern Africa Litigation Centre
enquiries@salc.org.za
Find the letter here.
French version of the letter here.
If you are interested in endorsing the the letter and participating in the call, please sign here.
INSTITUTIONAL ENDROSEMENTS, COUNTRY
Archbishop Thabo Makgoba, Anglican Church of Southern Africa
Africa4Palestine
Alternative Information and Development Centre, SA
Amnesty International South Africa
Arthurs Dream Autism Foundation, Kenya
Atrocities Watch Africa
Bertha Foundation
Center for Strategic Litigation, Tanzania Centre for Human Rights, University of Pretoria, SA
Centre for Asian Studies in Africa, SA
Centre for Human Rights and Social Advancement (CEFSAN), Nigeria
Centre for Human Rights Education Advice and Assistance (CHREAA), Malawi
Centre for Law and Society (CLS), University of Cape Town, SA
Claremont Main Road Masjid, SA
Coordinating Assembly for Non-Governmental Organizations, Eswatini
Digital Society of Africa, Zimbabwe
Disability, HIV and AIDS Trust (DHAT), Zimbabwe
Foundation for Human Rights in South Africa, SA
Global South Against Xenophobia (GSAX)
Goringhaicona Khoi Khoin Traditional Indigenous Council
Health Justice Initiative (HJI), SA
Housing Assembly, SA
Human Rights Institute of South Africa
Iranti, SA
Irish Rule of Law International
Lawyers Alert, Nigeria
Lawyers for Human Rights, SA
Letfu Sonkhe Institute for Strategic Thinking and Development, SA
Medical Rights Advocacy Network (MeRAN), SA
Musjidul Furqaan, Lansdowne, Cape Town
My Vote Counts, SA
Namibia Equal Rights Movement
Ndifuna Ukwazi, SA
Palestinian Solidarity Campaign Cape Town
Pan African Palestine Solidarity Network
People’s Law, SA
PSC Palestine Solidarity Campaign
Reclaim the City, SA
Robinson Temple AME Church, SA
Save Our Sacred Lands, SA
Section27, SA
Seinoli Legal Centre, Lesotho
South African BDS Coalition
South African Jews for A Free Palestine (SAJFP)
Transformation Resource Centre, Lesotho
Uhuru Mbele, SA
UniteBehind, SA
Women With Dignity
Youth and Society (YAS), Malawi
Youth Watch Society (YOWSO), Malawi
Zackie2024 campaign
#PayTheGrants Campaign, SA
INDIVIDUAL ENDORSEMENTS
Abdul-Aleem Somers
Alan Roberts
Alessandro Gueli
Amy Arthur
Ana-Jose Riley
Ashraf Kagee
Aslam Fataar
Aslam Sathar
Azeem Badroodien
Barbara Hogan
Benjamin Francis André de Kock
Bob Baigrie
Brian Ashley
Bruce Baigrie
Deena Bosch
Disha Govender
Dr Emile Engel
Dr Leanne Brady
Dr Mahmud Soloojee
Dr Nimi Hoffmann
Dr Owiso Owiso
Dr Shuaib Manjra
Dr Steve R Naidoo
Els Torreele
Fatima Hassan
Fatima Umar
Gail Davids
Gavin Collins
Hameda Deedat
Jack Lewis
Jacqui Smit
Jaimin Patel
Jared Sacks
Jemma Rose
Jethro Turyamwesiga
Judy Favish
Julia Hope
Justin Winchester
Kate-Lyn Moore
Katherine Robinson
Keamogetswe Seipato
Krsitene Dee Zincke
Madoda Cuphe
Mandla Mogola
Marlise Richter
Mary de Haas
Maya Rose
Meg Jordi
Mfihlakalo Kubeka
Natasha Msonza
Nick Ferreira
Nqobile Mtshali
Pearl Squires
Peighton Barth
Primah Kwagala
Prof Lucy Edwards-Jauch
Prof Sadiyya Shaikh
Professor Abdulkader Tayob
Qhawe Maxongo
Quorha Johannes
Rashida Manjoo
Rashied Omar
Rasigan Maharajh
Rev Alan Storey
Robert Krause
Rosanna Suter
Roshila Nair
Rui Lopes
Saadiq Soeker
Saajidha Sader
Saara Mowlana
Sani llyas Abdullahi, Esq
Shahieda Adams
Shaniaé Maharaj
Sikhander Coopoo
Stephen Lakey
Steven Lottering
Suhair Solomon
Tefo Mosienyane
Thandi Gamedze
Thato Masiangoako
Tyler Phillips
Tyronne McCrindle
Vanessa Japtha
Vanja Karth
Welile Ndlela
Yumnaa Firfirey
Zackie Achmat
Zaid Manjra
Zaynu Mayet
Ziya Devar
Zoë Fraser
Zohra Dawood
Fadwah Smallberg
Faznuna Miller
Warren Van Rooy
Shaquille Ling
Nishaad Ling
Natasha Stout
Shafiek Stout
Sulaiman Jones
Wafiq Brown
Zubayda Brown
Inshaaf Brown
Elizabeth Daniel’s
James Jones
Amiena Green
Hassiem Green
Kristene Kiewiets
Malanie Hendricks
Elaine Diedericks
Nomfumaneko Mantshi
Wendy Mantshi
Lungisa Mantshi
Anna Marie Dube
Micheal Dube
Chadwyn Khan
Bradley Arendse
Kashiefa Bassadien
Laeeqah Andrews
Quintonia Morris
Dawood Sheik
Fathima Sheik
Amina Sheik
Allaudeen Sheik Rahim
Zubeida Rawoot
Asa Rawoot
Begum Rawoot
Nazly Swartz
Malak Swartz
Waqeel Swartz
Aslaam Shaik
Naasreen Shaik
Haliema Shaik
Tasqia Adams
Reza Adams
Yaeesh Adams
Zuleika Ali
Miriam Ali
Ismail Sheik
Fathima Rehman
Bilal Rehman
Fazal Rehman
Yunus Rehman
Shezadi Rehman
Laeeiga Rehman
Suhail Rahim
Nadjima Rahim
Firdous Sheik Karli
Abdullah Karli
Fagroodien Sheik
Nafeesa Sheik
Rizwana Cassiem
Waseem Cassiem
Humaaira Qadri
Zeenat Qadri
Shafi Qadri
Gulam Hoosen Qadri
Zainab Qadri
Luthfia Sarang
Iqbal Sarang
Faried Solomons
Sedick Davids
Jameelah Davids
Nabeelah Davids
Micah Naeem Davids
Nuraan Davids Easton
Shuaib Davids
Mubeen Davids
Aqeedah Davids
Nurah Easton
