This article discusses Namibia’s response to the rulings of the International Court of Justice (ICJ) and the International Criminal Court (ICC) on the ongoing conflict in Gaza. The ICJ is the principal judicial organ of the United Nations. It settles legal disputes between states and provides advisory opinions on legal questions submitted by United Nations organs and agencies. The ICC was established by an international agreement, the Rome Statute, to investigate and prosecute individuals charged with genocide, war crimes and crimes against humanity.
How does international law apply?
The ICJ gave a concise summary of the relevant background: “On 7 October 2023, Hamas and other armed groups present in the Gaza Strip carried out an attack in Israel, killing more than 1 200 persons, injuring thousands and abducting some 240 people, many of whom continue to be held hostage. Following this attack, Israel launched a large-scale military operation in Gaza, by land, air and sea, which is causing massive civilian casualties, extensive destruction of civilian infrastructure and the displacement of the overwhelming majority of the population in Gaza.”
In December 2023, South Africa instituted proceedings against Israel in the ICJ, asserting that Israel’s actions violate its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide which both South Africa and Israel have joined. (Namibia is also party to this convention.)
The Genocide Convention defines genocide as committing certain acts with intent to destroy a national, ethnic, racial or religious group in whole or in part – including killing members of the group, causing serious bodily or mental harm to them, deliberately inflicting conditions of life calculated to bring about the group’s physical destruction, imposing measures intended to prevent births within the group or forcibly transferring children of the group to another group.
Although Israel denied genocidal intent, in January 2024 the ICJ preliminarily ruled that some of Israel’s actions may fall within the provisions of the Genocide Convention.
It accordingly ordered Israel to take provisional measures, including ensuring that its military forces do not commit genocidal acts, taking all measures within its power to prevent and punish incitement to commit genocide in relation to Palestinians in Gaza, and enabling the provision of urgently needed basic services and humanitarian assistance.
The ICJ reaffirmed its order for provisional measures in March 2024, and – “in view of the worsening conditions of life faced by Palestinians in Gaza, in particular the spread of famine and starvation” also ordered Israel to take effective measures, in full cooperation with the United Nations, to ensure unhindered provision of urgently needed basic services and humanitarian assistance, as well as medical supplies and medical care to Palestinians throughout Gaza.
It also ordered Israel to ensure that its forces do not prevent the delivery of humanitarian assistance.
In May 2024, the ICJ reaffirmed its previous orders and ordered new provisional measures due to Israel’s intensified military offensive in Gaza’s Rafah area, which resulted in displacing some 800 000 Palestinians.
It ordered Israel to immediately halt the offensive, and to allow unimpeded access to Gaza by any fact-finding mission mandated by the UN to investigate genocide allegations.
This was followed by an advisory opinion issued in July 2024 at the request of the UN General Assembly in terms of the UN Charter.
Namibia was one of the nations that presented statements to the ICJ in this case.
In fact, the case has particular resonance with Namibia, given that the present-day Palestinian situation grew out of the same mandate system applied to Namibia in the wake of World War I.
In an extensive opinion, the ICJ concluded that Israel’s acts in the Occupied Palestinian Territory violate international law, relying mainly on the well-established international law principles that prohibit acquiring territory by threat or force and guarantee the right of peoples to self-determination.
The court noted that, in terms of international law, occupation is meant to be a temporary state of affairs for the benefit of the local population – which is not the case in this instance.
The ICJ found that Israel’s policies and practices obstruct the Palestinian people’s right to determine their own political status and to pursue their own economic, social and cultural development.
The court also found that Israel is under an obligation to provide reparations for the damage caused by its violations of international law.
Warrants of Arrest
The ICJ advisory opinion also discussed the obligations of other nations in respect of Israel’s unlawful presence, stating that they must not render aid or assistance to Israel to maintain the current situation.
In September 2024, the UN General Assembly endorsed the ICJ’s advisory opinion, voting overwhelmingly to adopt a resolution demanding that Israel end its unlawful presence in the Occupied Palestinian Territory, by a vote of 124 nations in favour and 14 against, with 43 abstentions.
Namibia was one of the 30 nations that sponsored this resolution.
In another relevant international legal development, in November 2024, the ICC issued arrest warrants for Israeli prime minister Benjamin Netanyahu, and former Israeli defence minister Yoav Gallant, for alleged war crimes – including responsibility for using starvation as a method of warfare as well as murder, persecution, and other inhumane acts during the war in Gaza.
The ICC also issued a warrant for Hamas military commander Mohammed Deif, but it was cancelled after it was confirmed that Deif had been killed in an Israeli airstrike.
All 124 ICC member states – including Namibia – have a duty to arrest and hand over any individual subject to an active ICC arrest warrant found in their territory.
The Hague Group
Against this backdrop, Namibia was one of eight nations which gathered in The Hague, Netherlands, on 31 January 2025 to form an alliance known as The Hague Group. (The others were Bolivia, Colombia, Cuba, Honduras, Malaysia, Senegal and South Africa.)
The impetus was Israel’s non-compliance with orders issued by the ICJ and its continuing violations of international law.
The group’s mission is to pursue “collective action through coordinated legal and diplomatic measures at both national and international levels” in pursuit of accountability for Israel’s grave violations of international law.
Its inaugural statement called on all nations to join them in committing to an international order based on the rule of law, which is essential for peaceful coexistence and cooperation among states.
Former Namibian justice minister Yvonne Dausab stated at the time, “When future generations enquire about our contribution to Palestine’s right to self-determination, our response must be we took concrete measures, or we will be remembered as leaders who watched and did nothing.”
An emergency summit convened by The Hague Group in mid-July 2025 brought together 30 states in Bogota, Colombia, and made a unified call for an immediate ceasefire in Gaza.
Twelve of these nations, including Namibia, also committed to implementing six measures aimed at upholding international law in Gaza:
(1) Preventing the provision or transfer of military equipment to Israel; (2) Preventing the transit, docking, and servicing of vessels carrying such military equipment at any port; (3) Preventing the carriage of such military equipment to Israel on vessels bearing their flag; (4) Commencing an urgent review of all public contracts, to prevent public institutions and funds from supporting Israel’s illegal occupation of Palestinian territory; (5) Complying with obligations to ensure accountability for the most serious crimes under international law through robust, impartial investigations and prosecutions at national or international levels; and (6) Supporting universal jurisdiction mandates in national legal frameworks to ensure justice for victims of international crimes committed in Palestine.
The 12 nations also called on the UN Economic and Social Council to commission an immediate investigation of the health and nutritional needs of Gaza’s population and to devise a plan to meet those needs.
In practice, Namibia has already stopped one ship from entering Namibian waters – to dock at Walvis Bay in August 2024 – because it was carrying explosive material destined for Israel.
Some critics say the group is too small to exert meaningful pressure, particularly in light of the substantial financial and military aid Israel receives from the United States.
However, South African president Cyril Ramaphosa articulated the importance of The Hague Group’s principled stand: “The choice is stark: Either we act together to enforce international law or we risk its collapse. We choose to act, not only for the people of Gaza but for the future of a world where justice prevails over impunity. Let this moment mark the beginning of a renewed commitment to internationalism and the principles that bind us as a global community.”
- Dianne Hubbard is a legal consultant with many years of experience in public interest law and a passion for trying to make legal issues clear and accessible.
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