THE HAGUE, Thursday, May 16, 2024 (WAFA) – The International Court of Justice (ICJ) is conducting hearings to consider a request by South Africa seeking further emergency measures over Israel’s onslaught on Rafah, a city in southern Gaza where more than one million displaced Palestinians sought shelter from Israel’s war.
South Africa’s latest suit provides that the current Israeli offensive in Rafah will make life in Gaza untenable due to the already severe humanitarian situation in the territory, widespread destruction in other parts of the Strip, and the importance of the Rafah Border Crossing in supplying Gaza with aid.
South Africa argues that a full-fledged Israeli assault on Rafah would violate the clause of the Genocide Convention that prohibits “deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part.”
“The key point today is that Israel’s declared aim of wiping Gaza from the map is about to be realized,” said South Africa’s legal representative Vaughan Lowe, told the panel of judges.
“Further, evidence of appalling crimes and atrocities is literally being destroyed and bulldozed, in effect wiping the slate clean for those who’ve committed these crimes and making a mockery of justice,” he said. South Africa was presenting arguments in support of its request for additional emergency measures today.
South Africa’s attorney Max du Plessis said Israel’s declared safe zones were a “cruel distortion” because people were often too starved to flee. Those strong enough to leave to shelters were sometimes attacked by Israeli forces.
“There is nothing humanitarian about these humanitarian zones,” he said. “Israel’s genocide of Palestinians continues through military attacks and man-made starvation.”
He continued, "Instead of complying with this court’s decisions of January, February and March, Israel has defied this court by trapping, besieging and bombarding an overcrowded Rafah, exacerbating the security and the safety of 1.5 million highly vulnerable Palestinians."
"Judges of this court have recognised that the underlying reason for the court’s January and March orders was that the very right of existence of the Palestinian population in Gaza is currently at risk of irreparable prejudice and that the only effective way of preserving the right of existence of the protected group is through the function of prevention," said the representative.
Background
In a ruling that made headlines around the world in January, the ICJ ordered Israel to do everything in its power to prevent genocidal acts and enable humanitarian aid to Gaza.
But the court stopped short of ordering a ceasefire and now South Africa's argues that the situation on the ground – notably the Rafah operation – requires fresh ICJ action.
The United Nations' agency for Palestinian refugees UNRWA said on Wednesday that 600,000 people have fled Rafah since military operations intensified, amid battles and heavy Israeli bombardment in the area.
"As the primary humanitarian hub for humanitarian assistance in Gaza, if Rafah falls, so too does Gaza," said South Africa in its submission.
"In attacking Rafah, Israel is attacking the 'last refuge' in Gaza and the only remaining area of the Strip which has not yet been substantially destroyed by Israel," the document added.
Pretoria stresses its view that the only way for the existing court orders to be implemented was a "permanent ceasefire in Gaza".
M.N
