1 December 2024
‘SA’s action at ICJ great but only sanctions can force Israel to stop ethnic cleansing’

Lawyer Ahmed Motala of Johannesburg, a former UN war crimes investigator, says – like it happened in South Africa – Israel must be isolated to see any freedom in Palestine, writes Ismail Suder.

Top South African lawyer Ahmed Motala, who formerly served as a UN Human Rights investigator in Geneva, says while our Government must be praised for pursuing a genocide case against Israel at the ICJ, the only way the Israeli apartheid regime will be brought to its knees is through a sustained international boycott – the same as was done in this country.

Motala of Johannesburg – who recently retired after spending over two decades at the UN Human Rights Commission in Switzerland – told Al-Qalam that the submissions filed with the International Court of Justice (ICJ) this week were an extraordinary compilation of evidence to prove the intent of Israeli genocide against the people of Gaza.

Motala worked at the headquarters of the United Nations High Commissioner for Human Rights in Geneve, where Judge Navi Pillay once served as High Commissioner. Motala, who retired recently, led war crimes investigations in Libya and Sri Lanka and was the lead trainer of war crime investigators at the headquarters of the UN Human Rights Commission.

Motala believes only a sustained international boycott against the Zionist regime will force it to halt genocide and ethnic cleansing of the Palestinian people – a similar strategy that was used to bring the former South African apartheid regime to crumble.

He said only stringent sanctions against Israeli ministers and senior officials, including the freezing of assets, travel bans, military sanctions – and an international economic boycott – will curb the genocide and ethnic cleansing of the Palestinian people.

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He added: “The South African public should be questioning our government as to why it has not ended diplomatic ties with Israel and imposed such stringent sanctions,” Motala said.

“In this historic resolution, the General Assembly has placed an obligation on all member states of the United Nations to end Israel’s illegal occupation of the OPT through sanctions including ending military, political and economic relations with the occupying apartheid state, and to impose sanctions on Israeli nationals and companies. As evidenced in the struggle to end apartheid in South Africa, only through international solidarity and concerted efforts in countries throughout the world to isolate Israel will the occupation of Palestine and consequent suffering of the Palestinians end. South Africa was one of the co-sponsors of the General Assembly resolution. It would be hypocritical of our government not to implement the resolution, and as South Africans we have to demand that the government acts in accordance with its international obligations,” he said.

Motala said South Africa’s case at the ICJ would take time to conclude. “It is likely to take about 18 months from now for the ICJ to hand down a final decision,” he added.

“In the meanwhile, the killings, torture, denial of humanitarian assistance and destruction in Gaza, throughout the other parts of occupied Palestine continue. While the ICJ case is an important step in obtaining a legal determination of the genocide that is unfolding on our mobile phones and television screens, it is only concerted political action that will stop the carnage. Unfortunately, the United Nations Security Council is held hostage by the United States, which has repeatedly used its veto power to shield Israel.

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“The US, and European countries including Germany and the United Kingdom have continued to supply arms to Israel to commit genocide, thus they are complicit in international crimes. Neighbouring Arab countries have been aiding Israel by creating land bridges and alternative routes for supplies to reach Israel. States that are signatories to the Genocide Convention have undertaken to prevent and punish the crime of genocide. Not only have the United States, Germany, United Kingdom, France, and other states failed to act in accordance with this obligation, but they have actively supported Israel in committing genocide. 

Faisal Suleman, Chairperson of the South African Muslim Network (SAMNET), said many are disappointed by the prosecutor of the ICJ in its failure to execute warrants of arrests against Israeli warmongers. However, he said we must applaud our government for pursuing the genocide case despite immense pressures from the pro-Israeli lobbies in South Africa who are funding certain members of the GNU to buy their silence.

The Government, particularly the ANC, is facing immense pressure from the United States and Western governments, who are using diplomatic and economic pressures to force it to fall in line with a “settler colonial mindset”.

He urged people not to lose hope and continue with demonstrations, use social media, pressure our government to do more, and continue with funding of pro-Palestinian organisations. He added that social media must be used to expose governments for their complicity, including Arab regimes “who are guilty by omission or commission of this crime against humanity”.

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