Statement by Deputy Minister Alvin Botes on “Collective State Action in Defence of International Law”, at the Kuala Lumpur Conference on a New Just and Humane International Order, The Hague Group, Kuala Lumpur, Malaysia
His Excellency Anwar Ibrahim, Prime Minister of Malaysia,
Honourable Mohamed Hasan, Minister of Foreign Affairs of Malaysia,
Honourable Azalina Othman Said, Minister of Law and Institutional Reform Malaysia; Honourable Jeremy Corbyn, Member of Parliament, United Kingdom,
Distinguished delegates,
It is an honour to address this distinguished conference on the issue of Collective State Action in Defence of International Law — a theme that strikes at the moral and political heart of our global moment.
We meet at a time when the principles that underpin peace, justice, and multilateralism are under extraordinary strain. It also timely since we meet at a critical conjuncture when the very foundations of the global order suffer under the weight of hypocrisy, impunity, and indifference. The noble edifice of international law, constructed from the ruins of two world wars, now trembles under the weight of selective morality, unilateral aggression, and institutional paralysis.
It is therefore fitting that we gather in Malaysia — a country whose history of anti- colonial struggle, sovereignty, and international solidarity echoes South Africa’s own journey toward freedom. Today, as we confront a world divided by war, inequity, and impunity, we are called upon not only to defend international law, but to reimagine collective action as the instrument through which that defence must take form.
This call resonates deeply for South Africa especially this month. For us October marks Tambo Month, when we celebrate the life and legacy of one of our founding fathers Oliver Reginald Tambo — the architect of our global solidarity during the struggle against apartheid. Tambo embodied the values of progressive internationalism: respect and defence of international law and human rights, commitment to multilateralism, and unwavering international solidarity.
As we honour his birth and legacy, we do so mindful that the struggle for a just international order did not end with liberation but is in fact embedded in our constitutional, legislative and policy DNA. It continues wherever law is subverted by power and morality is eclipsed by might.
Discussions by progressive global forces on a just and humane international order is needed now more than ever as we see the erosion of international law and the undermining of the global system of governance.
During the multitude of deliberations at the recent meeting of global leaders at the UN General Assembly in New York, there was an overwhelming reaffirmation by the majority of member states of the relevance of the United Nations as the centrepiece of the global governance framework that was established after the Second World War.
There was also a firm commitment by the global majority to a rules-based multilateral system premised on international law and the UN Charter.
What we must recognise though is that despite these reaffirmations, international law and the global governance system remain under threat.
The state of international law today reflects both its relevance and its fragility.
On the one hand, international law remains the cornerstone of our global order. It provides a framework for peaceful relations among states. It regulates the use of force, safeguarding human rights, and addressing global challenges such as arms control, climate change, migration and transnational crime.
On the other hand, compliance with international law is uneven, and the system is increasingly strained by great power rivalry, selective adherence, and the politicisation of legal norms.
This highlights the gap between law and practice.
The situation in Gaza is perhaps one of the starkest illustrations of the lack of political will to ensure the implementation of international law.
It is not that we are operating in a lacuna. International law aimed at the protection of civilians and the provision of humanitarian assistance exists. What is lacking is its implementation and accountability for non-compliance with obligations.
Excellencies,
We must also recognise that the erosion of international law is not occurring in isolation but is linked to a crisis of collective leadership. The international system faces a confluence of political, moral, and institutional breakdowns — from the paralysis of the UN Security Council to the weaponisation of trade and development aid.
The very structures created to safeguard peace are now themselves contested. The legitimacy of multilateralism is being tested by geopolitical rivalries, the resurgence of protectionism, and the erosion of trust between the Global North and South. At a time when the world needs greater cooperation, we are witnessing fragmentation and fatigue.
This is why collective state action — grounded in legality, solidarity, and moral courage — is not an option but a necessity. Without coordinated defence of the rules that bind us, the law itself risks being rewritten by those with the means to defy it.
Excellencies,
The international community cannot proclaim the importance of international law, including that of the UN Charter, in some situations and not in others.
We, as the global community cannot pick and choose which binding orders of the ICJ and / or the ICC to abide by and which to set aside or simply ignore. We cannot decide that some resolutions of the UN or treaties we commit to are worthy of our compliance and others are not.
Let us be clear that enabling some states, such as the State of Israel, to simply ignore the UN Charter, as well as decisions of International Courts and the United Nations with no consequence, is negatively impacting the credibility and integrity of international law, including international humanitarian law, and the organisations that are tasked with their administration.
By allowing these violations of international law, we become complicit in their violation.
The carnage we have seen in Palestine not just in the last two years but over the last seven decades is testament to the folly of Israel’s grand exceptionalism from accountability to international law and norms.
Excellencies,
If we are to defend international law through collective state action, then all of us have a choice.
Should we stand back, remain silent and accept a world where thousands of innocent civilians many of whom are women and children are starved and indiscriminately killed right before our eyes?
Should we accept the phenomenon of might is right at the expense of the principles of legality and morality?
What would our silence and inaction imply?
Do we find the daily killing of journalists, health care workers, as well as the violations of international law, acceptable?
Do we not believe that preventing a genocide is a shared duty?
Excellencies,
As the South African Government, we have chosen to act in accordance with our constitutional values and international law obligations.
Therefore, the decision by the government of South Africa to institute an application against Israel before the ICJ, alleging that Israel was responsible for violations of the Genocide Convention in Gaza, was done with a view to fulfilling our legal obligations as a state party to the Convention to prevent genocide.
We have chosen to be on the side of the global majority that has rejected these horrific actions.
Our case was initially rejected in some quarters as populist, blood libel, meritless and baseless.
Today, as we meet here two years later after October 2023, there is a growing body of consensus that what has taken place in Gaza is indeed genocide. This has overwhelmingly been reaffirmed by many member states, senior UN experts, regional organisations and International NGOs. This includes Amnesty International (AI), Human Rights Watch (HRW) and Israeli and Palestinian NGO’s such as and B’ Tselem, Physicians for Human Rights Israel (PHRI) and the Palestinian Centre for Human Rights (PCHR) amongst others. And most recently by the International Association of Genocide Scholars (AGS) and the UN Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem.
Excellencies,
For us to preserve and uphold the credibility of international law, it is the responsibility of all of us, states, civil society and the majority of the people all over the world to stand up united in our diversity and act when violations of international law occur.
It is within this context that the Hague Group was formed in January this year with a view to hold all states accountable for breaches of international law and to protect the integrity of the international legal regime.
The establishment of the Hague Group and groups such as the Madrid Group seek similar outcomes – to stop the bloodshed, and agreement on an immediate ceasefire and negotiations towards a just peace.
A just peace requires justice, and this requires that international law must be respected.
As Member States of the UN who have pledged our commitment to upholding the UN Charter, we have the ultimate responsibility to ensure and protect the inalienable rights of the Palestinian people. That is what the Hague Group seeks to advance.
Our action requires united cross-regional collaboration, and we hope that, states from all regions – including those that were part of the Madrid meeting – join hands to end the ongoing genocide in Palestine. And to fight for a more just, equitable and inclusive world.
We look forward to more states joining our initiative and civil society to support us, as we work together, mobilise and organise to protect the sanctity of international law by ensuring consistent and full compliance and implementation.
Excellencies,
The defence of international law cannot rest on rhetoric; it must be realised through collective will, clarity of purpose and coordinated as well as courageous action. The global majority — from Africa, Asia, and Latin America — must reclaim the moral centre of the international order and restore the law as a shield for the weak, not a sword for the strong.
Let us therefore use this moment to strengthen the bonds between our nations, to align our voices within multilateral platforms such as the African Union, the Non- Aligned Movement, the G77 and China, and the Hague Group. And to champion reforms that make international institutions more just, representative, inclusive and accountable.
In upholding the theme of this special address, Collective State Action in Defence of International Law, we are not defending a static set of rules — we are defending civilisation itself. Our collective silence cannot be the author of our collective shame.
Let us stand together both state and non-state actors, and act together united with a collective resolve and clarity of purpose, to ensure that the rule of law prevails over the rule of force.
‘’If you tremble with indignation every- time an injustice is committed, then you are a comrade of mine.’’- Ernesto Che Guevara. Every-time you tremble with indignation when international law is being ignored, then you are a comrade of mine; every-time when selective application of international law is being applied, and you tremble with indignation, then you’re a comrade of mine; and every-time the UNGA, UNSC, ICC and ICJ resolutions, indictments and opinions are being subordinated, and you tremble with indignation…then you are a comrade of mine.
I thank you.
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