South Africa remains a State Party to the Rome Statute of the ICC, and as such enjoys all the rights of a State Party, including to do a referral of a situation to the ICC in terms of Article 14 of the Rome Statute. On 17 October 2023, South Africa, joined by Bangladesh, Bolivia, Comoros and Djibouti, referred the situation in Palestine to the ICC, in view of prima facie evidence that crimes within the jurisdiction of the ICC had been committed and are continuing to be committed within the context of the conflict in Gaza. By this referral, South Africa, joined by other members of the international community, is illustrating its commitment to fighting impunity.