In an article on May 16, the Washington Post reported that South Africa has urged the International Court of Justice (ICJ) to order Israel to stop its Rafah offensive and protect civilians in Gaza. South Africa’s lawyers argued that Israel’s offensive poses
an “extreme risk” to humanitarian supplies and basic services, to the Palestinian medical system and to “the very survival of Palestinians in Gaza as a group.”
The article says South Africa brought a case against Israel late last year, and in January the ICJ ordered Israel to do more to prevent the killing of civilians in Gaza but did not call for a cease-fire. South Africa now has asked for additional measures because of the Rafah offensive.
The article adds:
Roughly 600,000 people have fled Rafah since May 6, including about 150,000 people in the past 48 hours, according to the U.N. The city’s population had swelled from about 275,000 to well over 1 million during the course of the war and aid groups say conditions for civilians there are increasingly dire.
The article quotes a University of South Australia law lecturer who specializes in international courts and tribunals. She believes it is unlikely that the ICJ would totally dismiss the call for additional measures.
“The court remains unable to order Hamas to cease-fire, and will be cognizant of this imbalance. But they might order Israel … to do what they can to achieve a cease-fire. Or they may go further and order a cease-fire directly.”
After this week’s hearings, the court will deliberate for some time before making a decision.
The article points out that the ICJ was established after World War II “to settle disputes between countries and is the main judicial body of the United Nations. “The decisions of the ICJ are legally binding,” says the Post, “but they are hard to enforce.”
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Our previous story about South Africa at the ICJ was published January 19, and another on December 31, 2023: South Africa Charges Israel with Genocide at Int’l Court of Justice
UPDATE: Thanks to Elliott in the comments for these quotes:
South Africa also asked the ICJ, the top court of the United Nations, to order Israel to cease its military operations in the Gaza Strip and to immediately withdraw from all of the territory.
It asked the ICJ to order Israel to allow unimpeded access to Gaza for UN officials, aid groups, journalists and investigators. It added that Israel has so far ignored and violated earlier court orders.
It also asked the court to ensure Israel reports back on its measures taken to adhere to the orders.
“The key point today is that Israel’s declared aim of wiping Gaza from the map is about to be realised,” South Africa’s legal representative Vaughan Lowe said to the judges.
“Further, evidence of appalling crimes and atrocities is literally being destroyed and bulldozed, in effect wiping the slate clean for those who’ve committed these crimes and making a mockery of justice,” he said.
Another attorney for South Africa, Max du Plessis, said Israel’s declared safe zones were a “cruel distortion” because people were often too starved to flee. Those strong enough to leave to shelters were sometimes attacked by Israeli forces, he said.
“There is nothing humanitarian about these humanitarian zones,” he said. “Israel’s genocide of Palestinians continues through military attacks and man-made starvation.” www.aljazeera.com/...