On 17 November 2023, South Africa referred the situation in the State of Palestine to the Office of the Prosecutor (OTP) of the International Criminal Court (ICC), pursuant to Article 14 of the Rome Statute.

The referral was delivered in person by South Africa’s ambassador in The Hague, His Excellency Mr Vusi Madonsela, according to a media statement issued by the Department of International Relations and Cooperation (DIRCO).

The Palestine situation was referred by the State of Palestine in 2018 and the Prosecutor of the ICC opened an investigation in 2021 after Pre-Trial Chamber I of the ICC confirmed that the territorial jurisdiction of the situation includes Gaza and the West Bank, as well as East Jerusalem.

This is after a number of countries sought to block the referral by the Palestinian Authority by challenging the court’s jurisdiction with regards to the situation in Palestine.

This investigation is ongoing, and the prosecutor, Mr Karim A.A. Khan has confirmed that Rome Statute crimes committed since 07 October 2023 form part of the OTP’s investigation.

South Africa, along with like-minded States Parties, i.e., Bangladesh, Bolivia, Venezuela, Comoros and Djibouti, as state parties to the Rome Statute, submitted a joint referral of the situation in Palestine to ensure that the ICC pays urgent attention to the grave situation in Palestine and thereby, lending their support to the Prosecutor’s investigation. Venezuela will petition the court in writing to join the submission.

South Africa is further encouraging other States Parties to the Rome Statute to join the referral, or to submit separate referrals independently.