In an in-depth interview with Al Mayadeen English (full interview found below), Ziyaad Patel, a South African lawyer and international human rights advocate, criticized "Israel’s" crimes in occupied Palestine. Drawing from his country’s struggle against apartheid, Patel framed the plight of Palestinians as a modern-day genocide, urging the global community to act against what he described as violations of the 1948 Genocide Convention. His work, which includes legal advocacy and the groundbreaking South African Zionist Terrorism  Probe, seeks to hold Israeli officials accountable for war crimes.

Patel’s perspective as a South African deeply informed his views: "South Africa has a moral obligation," he said. "Our history of apartheid and colonization gives us a unique lens to understand and act against the systemic oppression faced by Palestinians."

A Personal Journey: From Commercial Law to Human Rights Advocacy

Patel’s career began in commercial law, but his trajectory shifted dramatically after witnessing the horrors of the 2008-2009 war on Gaza, known in "Israel" as Operation Cast Lead. "It was horrifying to see the scale of atrocities committed against a civilian population," Patel recalled. "I thought to myself, as a lawyer, this is something I need to undertake professionally."

Inspired by resistance figures like Nelson Mandela, Patel leveraged his expertise to champion the rights of the oppressed, drawing comparisons between South Africa’s apartheid regime and "Israel’s" crimes in Palestine, pointing out the similar methods of systemic oppression. For example, discriminatory laws in apartheid South Africa, such as passing laws to further cement apartheid, and forced displacements, closely resemble Israeli policies in the West Bank, including checkpoints, land seizures, and the demolition of Palestinian homes.

"We overcame apartheid through solidarity and legal action," Patel emphasized. "These are the same tools Palestinians need."

Exposing war crimes: The South African Zionist Terrorism Corridor Probe

One of Patel’s most notable projects, the South African Zionist Terrorism Corridor Probe, investigates "Israel’s" military tactics and their impact on Palestinian civilians. The probe documents evidence of war crimes, including the use of sniper units in Gaza to target civilians.

Among the complainants for the probe are Safoudien Bester, the Palestine Solidarity Campaign - Cape Town, and the Media Review Network from South Africa.

"These sniper units have deliberately targeted journalists, medics, and even children," Patel stated. He recounted an incident during the 2018 Great March of Return, where Israeli snipers killed a paramedic attempting to treat a wounded protester. "These are not isolated actions. They are part of a systematic campaign to suppress resistance and instill fear."

Patel also detailed how the blockade on Gaza, which has been ongoing for years now, functions as a weapon of war. "The siege is not just an economic blockade—it’s a weapon of war designed to break the Palestinian population," he said. His team has collected extensive documentation on these actions, building a strong case to hold Israeli figures accountable.

South African nationals in the Israeli Occupation Forces

He also revealed concerning details about South African nationals serving in the Israeli Occupation Forces. Under South African law, it is illegal for citizens to join foreign military forces without explicit government permission, especially when those forces are involved in human rights violations or war crimes.

"South Africans serving in the IDF are complicit in the occupation and the atrocities being committed," Patel said. "This is a direct violation of our laws, and it cannot be tolerated."

Patel has been working to bring these individuals to justice, and his efforts include gathering evidence of South African IOF soldiers' involvement in military operations in Gaza and the West Bank, "We are building cases to prosecute these individuals under South Africa’s Foreign Military Assistance Act," Patel explained, further noting that "their actions violate both national and international law, and they must be held accountable."

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Patel also highlighted the role of advocacy groups in pressuring the South African government to act against these violations, saying, "We need stronger enforcement of our laws to ensure that South African citizens are not complicit in international crimes."

Seeking Justice Through South African Courts

Patel’s efforts to bring cases against Israeli officials to South African Authorities exemplify his innovative approach to justice. By leveraging South Africa's implementation of the International Criminal Court Act, Patel has also worked on SA's domestication of the Rome Statute in enabling South Africa to investigate and potentially prosecute crimes committed outside its borders.

Other initiatives include the lawfare advocacy citizens Bill - IPPSRA (Implementation and Protection of Palestinian Solidarity Rights Act), as an overarching legislation intended to strengthen existing laws to isolate "Israel" through an institutionalised BDS campaign, using lawfare mechanisms to hold to account Israeli officials and South African nationals in the IOF, as well as companies with ties and interests with the Israeli regime.

"We’ve submitted detailed affidavits and evidence, including medical reports and survivor testimonies from Gaza," Patel explained. "These documents provide a clear picture of the atrocities committed and the individuals responsible."

A decision to prosecute is made by the NPA (National Prosecuting Authority) of South Africa, after the conclusion of an investigation by the SAPS (South African Police Services - Directorate of Priority Crimes Investigation). 

According to Patel, Unless circumstances permit otherwise of a non-prosecution by the NPA, a private prosecution may be invoked by complainants through the courts for egregious crimes perpetrated by the Israeli occupation against Palestinians.

Patel framed Israeli actions in Palestine as a clear violation of the 1948 Genocide Convention, as he discussed several key criteria that identify the war on Gaza as a genocide:

1. Targeting Civilian Infrastructure: This was evident in the deliberate destruction of schools, hospitals, and homes in Gaza during military operations.
2. Erasure of Cultural Identity: Forced evictions, land grabs, and the systematic demolition of Palestinian heritage sites are clear examples of this.
3. Mass Killings and Displacement: The high number of civilian casualties during Israeli offensives, coupled with the forced displacement of Palestinian families bear testament to "Israel's" violations.
4. Suppression of Reproductive Rights: Attacks on maternity wards and restrictions on access to healthcare, with women in particular suffering in the genocide through the restriction of much-needed medicine and healthcare.

"Genocide isn’t just about killing," Patel noted. "It’s about systematically destroying the conditions necessary for a community’s survival."

Despite these violations, Patel pointed out the many systemic challenges in holding "Israel" accountable. The International Criminal Court (ICC) faces obstacles in terms of asserting jurisdiction, particularly amid debates over Palestine’s statehood status. Additionally, the ICC’s decision to focus on crimes committed post-2014 excludes earlier atrocities, such as the 2008-2009 Gaza war and earlier crimes.

Patel also discussed the limitations of the International Court of Justice (ICJ), particularly its inability to enforce the provisional measures requiring humanitarian access to Gaza. "Ignoring ICJ orders undermines the rule of law and sets a dangerous precedent for other conflicts," he said.

The Role of Western and Arab Nations

Patel also strongly criticized Western nations, particularly the United States. "The duplicity is staggering," he said. "They veto resolutions, supply arms, and then condemn resistance movements as terrorists."

He also expressed frustration with Arab nations, accusing them of failing to act decisively. "It’s disgraceful that Arab countries have not provided meaningful support beyond empty statements," Patel said, calling for regional tribunals and military interventions to enforce ICJ rulings, emphasizing that such actions could have prevented countless civilian deaths.

Moreover, he addressed how media narratives shape perceptions of the conflict. "The West labels groups like Hamas as terrorists to justify collective punishment," he argued. "But these narratives obscure the legitimate struggle for freedom and self-determination."

He also highlighted the importance of challenging these biases through public education and grassroots activism. "An informed public is a powerful force for change," he noted.

Practical steps

Patel warned that the failure to address Israeli violations sets dangerous precedents. "If we allow this to continue, we normalize war crimes and genocide," he said.

He offered practical steps for the global community:

• Adopt the Rome Statute Domestically: Patel urged nations to follow South Africa’s example and integrate the Rome Statute into domestic law.
• Enhance ICJ Enforcement: He called for mechanisms to enforce ICJ rulings, potentially through regional coalitions.
• Strengthen Grassroots Movements: Patel praised the Boycott, Divestment, Sanctions (BDS) campaign for its global impact, saying, "BDS has shifted public discourse globally, even if governments remain complicit."
• Promote Public Awareness: Patel emphasized the importance of educating global audiences about the realities of the conflict. "Public opinion can be a catalyst for change."

Hope for the future

Despite the challenges, Patel remains steadfast in his pursuit of justice. "South Africa has a unique role to play," he said. "Not only because of our history but because international law compels us to act."

He urged nations, particularly those in the Global South, to leverage their legal and diplomatic tools to hold Israel accountable. "Justice isn’t just a moral imperative," Patel concluded. "It’s a legal one."

Through initiatives like the South African Zionist Terrorism Corridor Probe, Ziyaad Patel is shedding light on the systemic oppression faced by Palestinians and challenging the global community to act. His work shows the power of legal advocacy in the fight against oppression and impunity, offering hope for a future where justice prevails.