South Africa Urges International Court of Justice to Halt Israel's Assault on Rafah, Citing Genocide Against Palestinians

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ICARO Media Group
Politics
16/05/2024 18h58

In a bid to address the ongoing humanitarian crisis in Gaza, South Africa has presented its case to the International Court of Justice (ICJ) requesting emergency measures to cease Israel's assault on Rafah. The country accuses Israel of perpetrating genocide against the Palestinian people and claims that the assault on Rafah is part of a larger strategy to decimate Gaza entirely.

South Africa filed the case in January, following Israel's war on Gaza, and sought additional emergency measures specifically concerning the offensive on Rafah. The southern Gaza Strip city has been a safe haven for over a million displaced Palestinians who have sought refuge from Israeli attacks in other parts of the enclave, yet it has not been spared from the assault.

During the court proceedings in The Hague, South African lawyer Tembeka Ngcukaitobi argued that Israel was pressing on with its attacks in Rafah despite explicit warnings of potential "genocidal" consequences. Israel, however, rejects South Africa's claims as baseless and will have an opportunity to respond on Friday.

The dire conditions in Rafah are grim, with the city being overcrowded and lacking essential resources. Hundreds of thousands of Palestinians have taken shelter in tents, facing the rapid spread of diseases and a severe scarcity of food and clean water. The only hospital in the area has been forced to shut down, leaving residents with only a small overwhelmed facility for medical assistance.

The ICJ has previously issued provisional measures demanding Israel to take actions to limit humanitarian suffering in Gaza. Among these provisions was the requirement for Israel to ensure the timely delivery of basic food supplies to the hunger-stricken Palestinian population. Israel's recent seizure and closure of the Palestinian side of the Rafah border crossing has significantly hindered the work of aid agencies, exacerbating the crisis on the ground.

South Africa warned that if Rafah falls, so too does Gaza, as humanitarian assistance heavily relies on the city as its primary hub. The deliberate obstruction of aid, according to South African lawyer Adila Hassim, can be regarded as a deliberate attempt to snuff out Palestinian lives through starvation and potentially push them to the brink of famine.

In addition to halting military operations in the Gaza Strip and an immediate withdrawal from the territory, South Africa urges the ICJ to order Israel to allow unimpeded access for UN officials, aid groups, journalists, and investigators. Israel's alleged disregard for previous court orders is also highlighted, demanding compliance and regular reports on measures taken to adhere to the ICJ's directives.

Representing South Africa, legal representative Vaughan Lowe emphasized the urgency of the situation, claiming that Israel's declared aim of wiping Gaza off the map is on the verge of realization. Lowe further argued that evidence of appalling crimes and atrocities is being destroyed and bulldozed, undermining the pursuit of justice.

South African attorney Max du Plessis criticized Israel's claimed safe zones, calling them a "cruel distortion" as people are too weak from starvation to flee to them. Those who do attempt to seek shelter in these zones are sometimes targeted by Israeli forces, he alleged.

According to UN figures, approximately half a million Palestinians have been displaced in recent days due to Israel's ground and aerial campaign in the north and south of Gaza. Palestinian health authorities report the death toll as at least 35,000 people.

The hearings at the ICJ this week will focus solely on issuing emergency measures with a ruling on the merits of the genocide case likely to take years. While the court lacks enforcement mechanisms, an order against a country could impact its international reputation and establish legal precedents.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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