South Africa asks International Court of Justice to intervene in Israeli attack on Rafah

THE HAGUE — South Africa has made an urgent appeal to the International Court of Justice (ICJ) to mandate Israel cease its military actions in Rafah, end its broader campaign across Gaza, and permit international journalists and investigators access to the territory. This request follows extensive damage and significant casualties in Gaza due to the ongoing conflict, which has lasted seven months and resulted in over 35,000 deaths. South Africa’s legal team emphasized the critical need for a total ceasefire to allow humanitarian aid, including food and medicine, to reach the beleaguered population of Gaza.

During a court hearing, South Africa’s lawyers, including Prof Vaughan Lowe KC, stressed that the invasion of Rafah, Gaza’s southernmost city, would decimate the remaining infrastructure and disrupt the foundation of Palestinian life. They argued that immediate intervention by the court was necessary to prevent the destruction of a viable Palestinian society. Additionally, South Africa called for the admission of reporters and war crimes investigators to gather evidence of potential atrocities, highlighting Israel’s current restrictions on independent access to Gaza.

In response, Israel’s foreign ministry accused South Africa of presenting biased and unfounded claims, alleging that they were based on unreliable sources. Israel defended its actions as compliant with international law and necessary for self-defense, following Hamas’ cross-border attacks. Despite these defenses, South Africa pointed out that Israel had failed to comply with previous ICJ orders to prevent genocide and facilitate humanitarian aid, exacerbating the humanitarian crisis in Gaza.

The ICJ’s previous rulings had already instructed Israel to allow unimpeded humanitarian aid into Gaza and prevent actions leading to famine. South Africa’s representatives highlighted the dire consequences of the ongoing assault, which has impeded aid delivery and forced mass displacement within Gaza. The hearing underscored the urgent need for Israel to halt its military operations to enable effective humanitarian relief and prevent further loss of life, with a decision on South Africa’s emergency request pending.