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SA seeks explicit order from ICJ to stop Israel from invading Rafah

The lawyers representing South Africa at the International Court of Justice (ICJ) Thursday May 16, 2024 urged the world court to make explicit its provisional measures announced earlier to stop Israel from invading Rafah.

Friday May 17, 2024 0:54 AM, ummid.com News Netwrok

The Hague: The lawyers representing South Africa at the International Court of Justice (ICJ) Thursday May 16, 2024 urged the world court to make explicit its provisional measures announced earlier to stop Israel from invading Rafah.

South Africa had filed in December 2023 a petition at the International Court of Justice (ICJ) against Israel accusing it of committing genocide of the Palestinians and violating Genocide Convention.

Following two days of hearing, the ICJ on January 26, 2024 announced provisional measures, urging Israel to announce immediate ceasefire in Gaza and allowing humanitarian aid into the besieged enclave.

South Africa approached the International Court of Justice (ICJ) again after Israel ignored the UN court’s order and continued with the massacre and indiscriminate killing of civilians, including women and children.

Following this, the ICJ announced additional measures in March 2024, asking Israel to implement on ground its order announced in January.

The far right government in Israel however ignored the ICJ and now plans to invade Rafah – part of the Gaza Strip where Israeli Occupation Forces themselves had asked the Palestinians to shift after the current war began in October last.

Alarmed by the Israeli plan to attack the only safe zone left for the Palestinians in Gaza, South Africa on May 10, 2024 approached the International Court of Justice (ICJ) for the 3rd time and sought its intervention to stop Israeli plan to ransack Rafah.

During the first day of the two-day hearings at the ICJ based in The Hague Thursday, Adila Hassim, one of the attorneys representing South Africa, asked the ICJ to make explicit what was made implicit in its earlier order.

"In these submission I show that Israel's genocidal acts against the Palestinians in Rafah form part of a continuing escalating pattern of conduct across Gaza that provides persuasive and consistent evidence of Israel's genocidal conduct.”

"In light of these new facts, South Africa seeks an order from the court, the only order, that will clearly protect what is left of Palestinian life in Gaza.”

"SA seeks an explicit order that Israel seize its military activities not only in Rafah but throughout Gaza”, she said.

Irish lawyer Blinne Ni Ghralaigh also asked the ICJ to modify its previous order and make explicit what was earlier made implicit.

“South Africa calls on the court to modify or indicate new provision measures, in particular, and explicitly an immediate secession of Israeli military operations in Rafah and everywhere else in the territory, in order to protect and also to prevent the total annihilation of what remains of the Gaza Strip of Palestine and of its people”, she said.

Professor John Dugard while representing South Africa at the UN Court said he will address the subject of jurisdiction and then examine the circumstances that give rise to South Africa’s request for further provisional measures.

He said that the court in January had ruled that it had jurisdiction in the case.

“In its order of March 28, the court found that there was no reason to revisit this decision. It is submitted that this conclusion remains valid for the present proceedings,” Dugard tells court.

“The court also found that Palestinians in the Gaza Strip have a plausible right to be protected from acts of genocide and that South Africa had the right to seek compliance with this obligation.

“Again, the court declared that this finding need not be revisited in its decision of March 28. Again it is submitted that this conclusion remains valid. The court has found that SA has advanced a plausible genocide claim,” he added.

“On January 26, the court found that the situation in Gaza was one that required urgent attention and that there was the risk of irreparable prejudice. This was confirmed in the order of March 28 and it is the situation that continues today,” Dugard says.

“Indeed, it is further heightened now in context of Israel’s brutal attacks on Rafah and subsequent intensified bombing across the north and middle areas of Gaza.”

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It was established by the United Nations Charter in June 1945 and began its activities in April 1946.

The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the Security Council of the United Nations. The seat of the Court is at the Peace Palace in The Hague (Netherlands).

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