* Commends South Africa for taking Israel to the ICJ over acts of genocide in The Gaza Strip
Botswana’s Universal Periodic Review NGO Working Group has joined the International Federation for Human Rights (FIDH) in condemning ‘in the strongest terms” the suspension of funds to the United Nations Relief and Works Agency for Palestinian Refugees in the Near East (UNRWA) by some of its main donors.
According to FIDH statement of 30 January 2024, the suspension of funds to UNRWA “equals potentially condemning millions of Palestinian refugees to die of hunger and disease. This is complicity manifest to the ongoing genocide, and a totally baffling contravening of the ICJ’s decision".
The UPR NGO working Group has expressed support for this position in this wording:
“We reiterate our unwavering commitment to the principles of human rights and social justice. We firmly believe that the only path to sustainable peace in the region is one which respects the rights and dignity of all persons.
“We call for the protection of these fundamental rights. We believe a concerted effort to uphold human rights and engage in dialogue, can lead to lasting, just peace in the region”.
The Working Group also commended South Africa for approaching the International Court of Justice (ICJ) over the violations of human rights and international law by the State of Israel in Gaza and the West Bank, and the targeting of Israeli civilians and other nationals and hostage-taking by Hamas and other Palestinian armed groups.
“We also commend the International Court of Justice for ordering Israel to stop genocidal acts against Palestinian people”.
On 26 January 2024, the ICJ delivered its order in the case of Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel).
On 29 December 2023, South Africa filed an application instituting proceedings against Israel before the ICJ. It alleged violations by Israel of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide (the “Genocide Convention”) in relation to Palestinians in the Gaza Strip2.
The ICJ is the principal judicial organ of the United Nations (UN). The Court was established in June 1945 by the Charter of the United Nations and began operating in April 1946. The seat of the Court is the Peace Palace in The Hague (Netherlands).
South Africa relied on Article IX of the Genocide Convention for its Application. According to the Application, “acts and omissions by Israel . . . are genocidal in character, as they are committed with the requisite specific intent . . . to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnical group” and that “the conduct of Israel — through its State organs, State agents, and other persons and entities acting on its instructions or under its direction, control or influence — in relation to Palestinians in Gaza, is in violation of its obligations under the Genocide Convention”.
The International Court of Justice ordered the following:
1. Israel shall take all measures within its power to prevent genocidal acts against Palestinians
2. Israel will ensure that its army does not commit any genocidal acts
3. Israel will prevent and punish public incitement to commit genocide against Palestinians
4. Israel will ensure the provision of urgent services and humanitarian aid to Gaza
5. Israel will ensure the preservation of evidence related to allegations of genocide
6. Israel will submit a report to the court in 1 month showing its compliance with these orders.
In support of these measures, the Working Group has called upon Israel to abide by the court order and ensure that they stop the human rights violations occurring in Gaza.
“This will prevent an increasing loss of thousands of civilian lives, including women, children, and the elderly. We, again, call for a ceasefire and suspension of Israeli attacks, to prevent further deaths of the people in Gaza.
“We join the international community, which is calling for an immediate end to conflict, in urging an immediate end to the hostilities and a renewed commitment to finding a peaceful resolution to the Israel-Palestine conflict. We stand in solidarity with the Palestinian people and all those affected by this tragic situation”, the Working Group said.
The UPR NGO Working Group is made up of Botswana Council of Non-Governmental Oganisations (BOCONGO); DITSHWANELO – The Botswana Centre for Human Rights; Letloa Trust; Lesbians, Gays and Bisexuals of Botswana (LeGaBiBo); Media Institute of Southern Africa (MISA) Botswana; and Rainbow Identity Association (RIA).
According to FIDH statement of 30 January 2024, the suspension of funds to UNRWA “equals potentially condemning millions of Palestinian refugees to die of hunger and disease. This is complicity manifest to the ongoing genocide, and a totally baffling contravening of the ICJ’s decision".
The UPR NGO working Group has expressed support for this position in this wording:
“We reiterate our unwavering commitment to the principles of human rights and social justice. We firmly believe that the only path to sustainable peace in the region is one which respects the rights and dignity of all persons.
“We call for the protection of these fundamental rights. We believe a concerted effort to uphold human rights and engage in dialogue, can lead to lasting, just peace in the region”.
The Working Group also commended South Africa for approaching the International Court of Justice (ICJ) over the violations of human rights and international law by the State of Israel in Gaza and the West Bank, and the targeting of Israeli civilians and other nationals and hostage-taking by Hamas and other Palestinian armed groups.
“We also commend the International Court of Justice for ordering Israel to stop genocidal acts against Palestinian people”.
On 26 January 2024, the ICJ delivered its order in the case of Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel).
On 29 December 2023, South Africa filed an application instituting proceedings against Israel before the ICJ. It alleged violations by Israel of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide (the “Genocide Convention”) in relation to Palestinians in the Gaza Strip2.
The ICJ is the principal judicial organ of the United Nations (UN). The Court was established in June 1945 by the Charter of the United Nations and began operating in April 1946. The seat of the Court is the Peace Palace in The Hague (Netherlands).
South Africa relied on Article IX of the Genocide Convention for its Application. According to the Application, “acts and omissions by Israel . . . are genocidal in character, as they are committed with the requisite specific intent . . . to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnical group” and that “the conduct of Israel — through its State organs, State agents, and other persons and entities acting on its instructions or under its direction, control or influence — in relation to Palestinians in Gaza, is in violation of its obligations under the Genocide Convention”.
The International Court of Justice ordered the following:
1. Israel shall take all measures within its power to prevent genocidal acts against Palestinians
2. Israel will ensure that its army does not commit any genocidal acts
3. Israel will prevent and punish public incitement to commit genocide against Palestinians
4. Israel will ensure the provision of urgent services and humanitarian aid to Gaza
5. Israel will ensure the preservation of evidence related to allegations of genocide
6. Israel will submit a report to the court in 1 month showing its compliance with these orders.
In support of these measures, the Working Group has called upon Israel to abide by the court order and ensure that they stop the human rights violations occurring in Gaza.
“This will prevent an increasing loss of thousands of civilian lives, including women, children, and the elderly. We, again, call for a ceasefire and suspension of Israeli attacks, to prevent further deaths of the people in Gaza.
“We join the international community, which is calling for an immediate end to conflict, in urging an immediate end to the hostilities and a renewed commitment to finding a peaceful resolution to the Israel-Palestine conflict. We stand in solidarity with the Palestinian people and all those affected by this tragic situation”, the Working Group said.
The UPR NGO Working Group is made up of Botswana Council of Non-Governmental Oganisations (BOCONGO); DITSHWANELO – The Botswana Centre for Human Rights; Letloa Trust; Lesbians, Gays and Bisexuals of Botswana (LeGaBiBo); Media Institute of Southern Africa (MISA) Botswana; and Rainbow Identity Association (RIA).
