It is the fourth time South Africa has asked the International Court of Justice for emergency measures since the nation launched proceedings alleging that Israel’s military action in its war with Hamas in Gaza amounts to genocide.
According to the latest request, the previous preliminary orders by The Hague-based court were not sufficient to address “a brutal military attack on the sole remaining refuge for the people of Gaza.”
Israel has portrayed Rafah as the last stronghold of the militant group, brushing off warnings from the United States and other allies that any major operation there would be catastrophic for civilians.
South Africa has asked the court to order Israel to withdraw from Rafah; to take measures to ensure unimpeded access for UN officials, humanitarian organizations and journalists to the Gaza Strip; and to report back within one week on how it is meeting these demands.
During hearings earlier this year, Israel strongly denied committing genocide in Gaza and said it does all it can to spare civilians and is only targeting Hamas militants. It says Hamas’ tactic of embedding in civilian areas makes it difficult to avoid civilian casualties.
In January, judges ordered Israel to do all it can to prevent death, destruction and any acts of genocide in Gaza, but the panel stopped short of ordering an end to the military offensive that has laid waste to the Palestinian enclave.
In a second order in March, the court said Israel must take measures to improve the humanitarian situation in Gaza, including opening more land crossings to allow food, water, fuel and other supplies to enter.
Most of Gaza’s population of 2.3 million people have been displaced since fighting began.
The war began with a Hamas attack on southern Israel on Oct. 7 in which Palestinian militants killed around 1,200 people and took about 250 hostages. Gaza’s Health Ministry says over 35,000 Palestinians have been killed in the war, without distinguishing between civilians and combatants in its count.
South Africa initiated proceedings in December 2023 and sees the legal campaign as rooted in issues central to its identity. Its governing party, the African National Congress, has long compared Israel’s policies in Gaza and the occupied West Bank to its own history under the apartheid regime of white minority rule, which restricted most Blacks to “homelands.” Apartheid ended in 1994.
On Sunday, Egypt announced it plans to join the case. The Ministry of Foreign Affairs said Israeli military actions “constitute a flagrant violation of international law, humanitarian law, and the Fourth Geneva Convention of 1949 regarding the protection of civilians during wartime.”
Several countries have also indicated they plan to intervene, but so far only Libya, Nicaragua and Colombia have filed formal requests to do so.
South Africa will asked the top UN court on Thursday (Today) to order a halt to the Rafah offensive as part of its case in The Hague accusing Israel of genocide in the Gaza Strip.
The hearings at the International Court of Justice, also known as the World Court, come after South Africa last week asked for additional emergency measures to protect Rafah, a southern Gaza city where more than a million Palestinians have been sheltering.
It also asked the court to order Israel to allow unimpeded access to Gaza for UN officials, organizations providing humanitarian aid, and journalists and investigators. It added that Israel has so far ignored and violated earlier court orders.
On Thursday, South Africa will present its latest intervention seeking emergency measures starting at 3 p.m.(1300 GMT).
Israel, which has denounced South Africa’s claim that it is violating the 1949 Genocide Convention as baseless, will respond on Friday. In previous filings it stressed it had stepped up efforts to get humanitarian aid into Gaza as the ICJ had ordered.
Gilad Erdan, Israel’s ambassador to the United Nations told Army Radio on Wednesday the short notice the court gave for the hearings did not allow sufficient legal preparation, adding that was “a telling sign.”
The Israel-Hamas war has killed nearly 35,000 people in Gaza, according to health authorities there. About 1,200 people were killed in Israel and 253 taken hostage on Oct. 7 when Hamas launched the attack that started the war, according Israeli tallies.
South Africa accuses Israel of acts of genocide against Palestinians. In January, the court ordered Israel to ensure its troops commit no genocidal acts against Palestinians in Gaza, allow in more humanitarian aid and preserve any evidence of violations.
The hearings on May 16 and 17 will only focus on issuing emergency measures, to keep the dispute from escalating. It will likely take years before the court can rule on the merits of the case.
The ICJ’s rulings and orders are binding and without appeal. While the court has no way to enforce them, an order against a country could hurt its international reputation and set legal precedent.
The hearings at the International Court of Justice, also known as the World Court, come after South Africa last week asked for additional emergency measures to protect Rafah, a southern Gaza city where more than a million Palestinians have been sheltering.
It also asked the court to order Israel to allow unimpeded access to Gaza for UN officials, organizations providing humanitarian aid, and journalists and investigators. It added that Israel has so far ignored and violated earlier court orders.
On Thursday, South Africa will present its latest intervention seeking emergency measures starting at 3 p.m.(1300 GMT).
Israel, which has denounced South Africa’s claim that it is violating the 1949 Genocide Convention as baseless, will respond on Friday. In previous filings it stressed it had stepped up efforts to get humanitarian aid into Gaza as the ICJ had ordered.
Gilad Erdan, Israel’s ambassador to the United Nations told Army Radio on Wednesday the short notice the court gave for the hearings did not allow sufficient legal preparation, adding that was “a telling sign.”
The Israel-Hamas war has killed nearly 35,000 people in Gaza, according to health authorities there. About 1,200 people were killed in Israel and 253 taken hostage on Oct. 7 when Hamas launched the attack that started the war, according Israeli tallies.
South Africa accuses Israel of acts of genocide against Palestinians. In January, the court ordered Israel to ensure its troops commit no genocidal acts against Palestinians in Gaza, allow in more humanitarian aid and preserve any evidence of violations.
The hearings on May 16 and 17 will only focus on issuing emergency measures, to keep the dispute from escalating. It will likely take years before the court can rule on the merits of the case.
The ICJ’s rulings and orders are binding and without appeal. While the court has no way to enforce them, an order against a country could hurt its international reputation and set legal precedent.
