South Africa has lodged an 'urgent request' with the International Court of Justice (ICJ) at the United Nations, urging it to examine whether Israel's military operations in the southern Gaza city of Rafah violate provisional orders issued by the court last month, which addressed allegations of genocide. The South African government has raised concerns over Israel's intent to launch a ground offensive in Rafah, where 1.4 million Palestinians have sought refuge from the ongoing conflict.
Israeli airstrikes have already targeted Rafah, prompting warnings from neighboring countries, including Egypt, that a military offensive on the city would result in a humanitarian catastrophe. South Africa accuses Israel of committing genocide against the Palestinian people and filed a case with the ICJ. In its preliminary ruling, the court issued six orders, including the obligation for Israel to prevent Palestinian deaths and the destruction of Gaza. However, it fell short of ordering an immediate ceasefire.
Now, South Africa is urging the court to consider further provisional measures against Israel. In a statement released by the office of President Cyril Ramaphosa, the South African government expressed grave concern that Israel's military offensive in Rafah, as announced, has already caused extensive loss of life and destruction. They argue that such actions would constitute a serious breach not only of the Genocide Convention but also of the court's own order from January 26, 2024.
Given the escalating death toll in Gaza, South Africa is calling for urgent action from the ICJ. Israel vehemently denies committing genocide and asserts that its operations are solely aimed at targeting Hamas militants while taking every possible precaution to protect civilians. Israel has accused Hamas of embedding itself in civilian areas, making it difficult to avoid civilian casualties.
The ongoing assault by Israel has resulted in widespread destruction in Gaza, with local health officials reporting that over 28,000 people have been killed, the majority of them women and children. Approximately 80% of the population has been displaced, and the United Nations warns of a looming humanitarian catastrophe, leading to hunger for over a quarter of Palestinians in Gaza.
Israel argues that its military campaign is in response to attacks by Hamas on southern Israel in early October, which resulted in the deaths of 1,200 people, mostly civilians, with 250 taken hostage. South Africa has previously accused Israel of flouting the ICJ's orders. Following the court's ruling, South Africa's Foreign Minister, Naledi Pandor, criticized Israel for its disregard of the court's directives, stating that Israel believes it has the freedom to act as it wishes.
South Africa's legal efforts against Israel are tied to its own history and identity. The ruling African National Congress has often compared Israel's policies in Gaza and the West Bank to the apartheid era in South Africa, where a white minority ruled over the majority Black population until 1994.
Israel's military offensive in Gaza has garnered criticism from its close ally, the United States. President Joe Biden labeled the assault as 'over the top' and warned Israeli Prime Minister Benjamin Netanyahu against launching a military operation in Rafah without a credible plan to protect civilians.
The situation in Gaza remains dire, with South Africa urging the international community and the ICJ to take swift action in order to prevent further loss of life and destruction. The court's response to South Africa's request will not only have significant implications for the ongoing conflict but also for the global perception of accountability and justice in such situations.
