South Africa Asks ICJ to Order ‘Israel’s’ Withdrawal From Rafah
South Africa will present its latest intervention seeking emergency measures for a halt to the Rafah offensive.
![South Africa](/wp-content/uploads/2024/05/South-Africa.png)
South Africa will ask the top UN court on Thursday to order a halt to the Rafah offensive as part of its case in The Hague accusing Israel of genocide in the Gaza Strip.
The hearings at the International Court of Justice, also known as the World Court, come after South Africa last week asked for additional emergency measures to protect Rafah, a southern Gaza city where more than a million Palestinians have been sheltering.
It also asked the court to order Israel to allow unimpeded access to Gaza for U.N. officials, organisations providing humanitarian aid, and journalists and investigators. It added that Israel has so far ignored and violated earlier court orders.
On Thursday, South Africa will present its latest intervention seeking emergency measures starting at 3 p.m.(1300 GMT).
Three orders
It will ask the ICJ for three emergency orders while it rules on the wider accusation that Israel is breaking the 1948 UN Genocide Convention.
First, it wants the court to order Israel to “immediately withdraw and cease its military offensive” in Rafah.
Second, Israel should take “all effective measur es” to allow “unimpeded access” to Gaza for humanitarian aid workers, as well as journalists and investigators.
Lastly, Pretoria asked the court to ensure Israel reports back on its measures taken to adhere to the orders.
Israel’s response
Israel, which has denounced South Africa’s claim that it is violating the 1949 Genocide Convention as baseless, will respond on Friday. In previous filings it stressed it had stepped up efforts to get humanitarian aid into Gaza as the ICJ had ordered.
The Israel-Hamas war has killed nearly 35,000 people in Gaza, according to 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 Israeli tallies.
Gilad Erdan, Israe l’s ambassador to the United Nations told Army Radio on Wednesday the short notice the court gave for the hearings did not allow sufficient legal preparation, adding that was “a telling sign”.
Legally binding
South Africa accuses Israel of acts of genocide against Palestinians. In January, the court ordered Israel to ensure its troops commit no genocidal acts against Palestinians in Gaza, allow in more humanitarian aid and preserve any evidence of violations.
It will likely take years before the court can rule on the merits of the case.
The ICJ’s rulings and orders are binding and without appeal. While the court has no way to enforce them, an order against a country could hurt its international reputation and set legal precedent.