South Africa has made a formal appeal to the International Court of Justice (ICJ), seeking its intervention in Israel’s announced expansion of military operations to Rafah, a densely populated area in the southern Gaza Strip that they had previously told Palestinians would be safe from air raids and military intervention.
South Africa’s Tuesday, February 13th, appeal comes amid concerns of extensive casualties and destruction, potentially violating international law and previous ICJ orders directed at preventing genocide against Palestinians.
Last month, the ICJ mandated Israel to take preventive actions against the genocide of Palestinians following a lawsuit filed by South Africa.
Despite Israel’s denial of any wrongdoing and insistence on its right to self-defense against Hamas, the planned extension into Rafah, the last area in the Gaza Strip that Palestinians were told was safe to evacuate to, has escalated fears of further humanitarian crises.
In a statement from South Africa, the government expressed its grave concerns over the potential for “large-scale killing, harm, and destruction” in Rafah, stressing that such actions would contravene both the Genocide Convention and the ICJ’s directive.
South Africa referenced Article 75, section 1 of the Court’s procedural rules, highlighting that the court “may at any time decide to examine proprio motu whether the circumstances of the case require the indication of provisional measures which ought to be taken or complied with by any or all of the parties.”
The international community awaits a response from the ICJ, which has historically issued emergency measures to change situations on the ground.
The heart of the matter remains unaddressed by the court: whether the actions in Gaza constitute genocide.
Nonetheless, the ICJ has recognized the Palestinians’ right to protection and ordered Israel to facilitate the entry of humanitarian aid. Videos from the borders of the Gaza Strip show Israelis protesting and forming blockades to prevent the entry of humanitarian aid to Palestinians, whose population is nearly majority under the age of 18.
South Africa’s recent plea highlights the urgent need for additional safeguards to preserve Palestinian lives, especially after recent attacks in Rafah resulted in numerous casualties and further displacement.
After the October 7th attack, Israel dropped pamphlets from the sky onto the Gaza Strip urging Palestinians to move south towards Rafah for safety. They called for the displacement of nearly 2 million Palestinians for “their protection.” Rafah, which was supposed to be safeguarded from attacks, has now seen an air and ground invasion by Israeli forces.
The conflict has already had a devastating impact on Gaza’s population, with Palestinian health officials reporting over 28,000 deaths, the majority being women and children.
Approximately 80% of the population has been displaced, with a humanitarian crisis exacerbating conditions and driving over a quarter of the population toward starvation.
