South Africa asks World Court to order Israel’s withdrawal from Rafah

A house destroyed in an Israeli strike in Rafah amid the ongoing conflict between Israel and militant group Hamas. PHOTO: REUTERS

AMSTERDAM – South Africa has asked the International Court of Justice (ICJ) to order Israel to withdraw from Rafah as part of additional emergency measures over the war in Gaza, the UN’s top court said on May 10.

In the ongoing case brought by South Africa, which accuses Israel of acts of genocide against Palestinians, the ICJ – also known as the World Court – in January ordered Israel to refrain from any acts that could fall under the Genocide Convention and to ensure its troops commit no genocidal acts against Palestinians.

Israel did not immediately respond to requests for comment.

Israel previously said it is acting in accordance with international law in Gaza, and has called South Africa’s genocide case baseless and accused Pretoria of acting as “the legal arm of Hamas”.

In filings published on May 10, South Africa is seeking additional emergency measures in the light of the ongoing military action in Rafah, which it calls the “last refuge” for Palestinians in Gaza.

South Africa asked the ICJ to order that Israel cease the Rafah offensive and allow unimpeded access to Gaza for UN officials, organisations providing humanitarian aid, journalists and investigators.

According to South Africa, Israel’s military operation is killing the Palestinians of Gaza while starving them by denying the entry of humanitarian aid.

“Those who have survived so far are facing imminent death now, and an order from the court is needed to ensure their survival,” South Africa’s filing said.

The war has killed nearly 35,000 people in Hamas-run Gaza, according to the health authorities there. About 1,200 people were killed in Israel and 253 taken hostage on Oct 7 when Hamas launched the attack that started the war, according to Israeli tallies.

The ICJ generally rules within a few weeks on requests for emergency measures. It will likely take years before the court will rule on the merits of the case. While the ICJ’s rulings are binding and without appeal, the court has no way to enforce them. REUTERS

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