South Africa is urging the United Nations’ International Court of Justice to order a cease-fire in Gaza as part of emergency measures to halt Israel’s military operation in the city of Rafah. This is the third time that the court has held hearings on the conflict in Gaza since South Africa filed proceedings in December, accusing Israel of genocide. During the hearings, the South African ambassador to the Netherlands called on the court to order Israel to completely withdraw from the Gaza Strip due to the risk posed to the Palestinian people by the military operations.
The court has previously found that there is a real and imminent risk to the people of Gaza as a result of Israel’s military actions. South Africa’s legal team argues that Israel’s actions in Rafah go beyond justified self-defense, accusing the country of seeking to destroy Gaza altogether. The court has the power to order a cease-fire and other measures, but it lacks the means to directly enforce these orders. Previous orders by the court related to the conflict in Gaza have not been sufficient to address what South Africa describes as a brutal military attack on the enclave.
Israel has strongly denied committing genocide in Gaza, stating that it aims to spare civilians and only targets Hamas militants. The country has emphasized that Rafah is a stronghold of the militant group. South Africa’s legal team argues that the military operation in Rafah represents the final step in the destruction of Gaza. In response to the latest request for intervention, Israel will have the opportunity to answer the accusations in court. Previous orders issued by the court have called on Israel to prevent death, destruction, and acts of genocide in Gaza, but have not halted the military offensive.
The conflict in Gaza has resulted in mass displacement of the population, with most of the 2.3 million residents forced to flee their homes since fighting began. The war began with a Hamas attack on southern Israel, resulting in significant casualties on both sides. Gaza’s Health Ministry reports a high number of Palestinian deaths, with over 35,000 individuals killed during the war. South Africa’s legal campaign against Israel is rooted in the country’s history and identity, drawing parallels between Israel’s policies in Gaza and the apartheid regime that ruled South Africa until 1994.
In a significant development, Egypt has announced its intention to join the case at the International Court of Justice, citing violations of international law and humanitarian norms by Israeli military actions in Gaza. Several other countries have indicated their plans to intervene in the case, with Libya, Nicaragua, and Colombia formally filing requests to do so. The legal battle at the United Nations’ top court reflects ongoing international efforts to address the conflict in Gaza and hold parties accountable for their actions.
