South Africa is seeking new emergency measures over Israel's latest offensive against the southern Gaza city.
South Africa has asked the International Court of Justice (ICJ) to order Israel to withdraw from Rafah as part of additional emergency measures over the war in Gaza, the United Nations' top court said.
In the ongoing case brought by South Africa, which accuses Israel of acts of genocide against the Palestinians, the ICJ in January ordered Israel to refrain from any acts that might fall under the Genocide Convention and to ensure that its troops do not committed genocidal acts against the Palestinians.
Israel has repeatedly said it is acting in accordance with international law in Gaza, calling South Africa's genocide case baseless and accusing Pretoria of acting as “the legal arm of Hamas.”
In documents released Friday, South Africa is seeking additional emergency measures in light of continued military action in Rafah, which it calls the “last refuge” for Palestinians in Gaza.
The city in southern Gaza is packed with hundreds of thousands of displaced Palestinians living in dire conditions and there have been warnings that an Israeli ground offensive would trigger a humanitarian catastrophe for civilians.
South Africa's request said Israel's operation against Rafah represents an “extreme risk” to “humanitarian supplies and basic services in Gaza, to the survival of the Palestinian medical system and to the very survival of Palestinians in Gaza as a group.” said the UN court. he said in a statement.
“Those who have survived so far now face imminent death, and a Court order is needed to ensure their survival,” the South African document said.
South Africa also asked the court to order Israel to allow unhindered access to Gaza to UN officials, organizations providing humanitarian aid, and journalists and researchers.
PRESS RELEASE: South Africa submits an urgent request for additional provisional measures and modification of previous provisional measures indicated by the #CIJ if #South Africa v. #Israel pic.twitter.com/minw5GvpMK
—CIJ_ICJ (@CIJ_ICJ) May 10, 2024
Israel's 401st Brigade entered the Rafah crossing on Tuesday morning, a day after the Palestinian group that rules Gaza said it accepted a ceasefire proposal brokered by Egypt and Qatar. Meanwhile, Israel insisted that the proposal did not meet its fundamental demands.
Tanks and planes bombed several areas and at least four houses in Rafah overnight, killing 20 Palestinians and wounding several more, according to Palestinian health officials.
Some 110,000 Palestinians have fled Rafah in recent days, according to the United Nations Relief and Works Agency for Palestine Refugees (UNRWA). The UN also noted that the Israeli army's seizure of the Rafah border crossing has closed off aid to Gaza for the past three days.
Israeli Prime Minister Benjamin Netanyahu has said the Rafah offensive was necessary to defeat Hamas.
At least 34,943 people have been killed and 78,572 injured in Israeli attacks on Gaza since October 7. The death toll in Israel from the Hamas attacks on October 7 stands at 1,139, and dozens of people remain captive in Gaza.
South Africa brought a case against Israel to the ICJ in January, accusing the country of committing genocide against Palestinians in Gaza.
The UN's top court ruled that there was a plausible risk of genocide in the enclave and ordered Israel to take a series of interim measures, including preventing any genocidal acts.
The court rejected a second South African request for emergency measures filed in March over Israel's threat to attack Rafah.
The ICJ, also known as the World Court, typically rules within a few weeks on requests for emergency measures. It will probably be years before the court rules on the merits of the case. While ICJ rulings are binding and without appeal, the court has no way to enforce them.
