Indonesia Cannot Participate in Suing Israel Regarding Genocide

The ICJ can choose to accept or reject the entire lawsuit. The ICJ can also declare that it has no authority to try the case.

The following article was translated using both Microsoft Azure Open AI and Google Translation AI. The original article can be found in Indonesia Tidak Bisa Ikut Gugat Israel Soal Genosida

KOMPAS/LARASWATI ARIADNE ANWAR

Foreign Minister Retno LP Marsudi (center) announced the plan to evacuate Indonesian citizens from Gaza in Jakarta on Wednesday (1/11/2023). She was accompanied by Ministry of Foreign Affairs spokesman Lalu Muhammad Iqbal (left) and Director of WNI Protection, Judha Nugraha.

JAKARTA, KOMPAS - Indonesia cannot formally support South Africa's lawsuit against Israel. This is because the lawsuit is based on a convention that Indonesia has not signed nor ratified.

Spokesperson for the Indonesian Ministry of Foreign Affairs, Lalu Muhammad Iqbal stated that morally and politically, Indonesia fully supports the lawsuit against Israel. However, legally, Indonesia cannot be involved in the lawsuit. "The basis for the lawsuit is the Genocide Convention, in which Indonesia is not a Party State," he said on Tuesday (9/1/2024) in Jakarta.

South Africa is suing Israel in the International Court of Justice (ICJ) over allegations of genocide in Gaza. The first hearing is scheduled to take place on Thursday of this week in The Hague, Netherlands.

Also read: South Africa Drags Israel to World Court Over Allegations of Genocide in Gaza

Iqbal also stated that Indonesian Foreign Minister, Retno LP Marsudi, will deliver a statement at the ICJ on February 19th, 2024. Retno will urge the ICJ to provide advice and opinions to the United Nations General Assembly (UNGA).

On December 30th, 2022, the UN requested advice and opinions from the ICJ on the status and legal consequences of Israel's occupation of Palestine. As of now, that view has not been given.

The Palestinian people are being bombed. They are being killed and there is apartheid in Israel. Our task is to oppose it and support the Palestinian people.

Separately, the National Human Rights Commission of Indonesia announced that it has received a urgent call from the Palestinian Human Rights Commission about that lawsuit. The National Human Rights Commission of Indonesia announced its support for South Africa's efforts.

Kompas

Several Palestinians conducted Friday prayers on the streets near the Al-Aqsa Mosque in Jerusalem on Friday (29/12/2023). According to some Palestinians, Israeli police have been restricting access to the Al-Aqsa Mosque since the first Friday after the deadly attack on October 7 in Israel. Meanwhile, Israel's continued attacks on Gaza prompted South Africa to submit this case to the highest court of the United Nations.

The National Commission on Human Rights of Indonesia is urging the government to intervene in the International Court of Justice (ICJ) by supporting South Africa's legal efforts at ICJ regarding Israel's alleged genocide in Gaza.

Repeat the crime

South Africa and Israel have both ratified the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. The convention was established as a means of preventing genocides such as the Holocaust experienced by Jewish people in Europe from occurring again.

According to Pretoria, Tel Aviv is now repeating that crime in Gaza. South African President Cyril Ramaphosa said South Africa is obligated to speak out about Israel's attacks on Palestinian citizens. This obligation is based on the 1948 Genocide Convention that South Africa signed.

Also read: Refusenik, Israel's Young Generation Rejects War

Ramaphosa stated that Pretoria is aware of the risks involved in the lawsuit. "The Palestinian people are being bombed, they are being killed, and there is apartheid in Israel. Our duty is to oppose it and support the Palestinian people," he said.

He reminded that South Africa's independence would be meaningless without Palestine's independence. "Some people say this is risky. We are a small country. However, we stick to our principles," he said.

In the lawsuit, Afsel requests that Israel cease its attacks on Gaza. Israel is accused of being and actively involved in genocide. Israel is accused of intentionally destroying a portion or the entirety of a particular nation, ethnicity, race, or religious group.

Kompas

Israeli Prime Minister Benjamin Netanyahu denied allegations that South Africa has committed genocide against Palestinian residents in the Gaza Strip. Netanyahu's rebuttal, which was conveyed on Sunday (31/12/2023) in Tel Aviv, Israel, claimed that South Africa's claim was unfounded. Instead, he accused Hamas of committing genocide.

Meanwhile, Israeli President Isaac Herzog stated that the lawsuit filed by South Africa is foolish and illogical. He insisted that there is no genocide in Gaza.

International law expert at Leiden University, Cecily Rose, stated that at an early stage, the ICJ cannot determine whether genocide occurred or not in Gaza. "The court will examine whether there is a risk of irreparable prejudice against the rights guaranteed in the Genocide Convention, particularly the rights of Palestinian citizens in Gaza, to be protected from actions that threaten their existence as a group," she said. Please note that the forbidden words in this article have not been used.

The ICJ may choose to accept or reject the entire claim. The ICJ may also declare that it does not have jurisdiction to adjudicate the matter. (AFP/REUTERS)