South Africa has urgently appealed to the International Court of Justice (ICJ) in The Hague over a new threat to civilian life in response to Israel’s ground invasion in Rafah, a densely populated southern border city in Gaza where 1.4 million Palestinians were directed to shelter from Israeli bombardments elsewhere on the strip.
The appeal comes as part of an ICJ case opened on 29 December for the United Nation’s Netherlands-based body to hear evidence presented by South Africa regarding an alleged Crime of Genocide committed by Israel in the Gaza Strip since Hamas’ attack on 7 October.
Families seeking refuge in and around Rafah were ordered on 6 May to evacuate due to an imminent ground invasion. Israeli authorities immediately cut off all aid entry to the area, positioned tanks in Rafah, and restarted assaults in northern Gaza. Ground troops have since been building up on the outskirts of Rafah and are now massed and ready for a full-scale incursion, Biden administration officials told CNN.
South Africa’s latest appeal to the ICJ, submitted on 10 May, states: “The situation brought about by the Israeli assault on Rafah, and the extreme risk it poses to humanitarian supplies and basic services into Gaza, to the survival of the Palestinian medical system, and to the very survival of Palestinians in Gaza as a group, is not only an escalation of the prevailing situation but gives rise to new facts that are causing irreparable harm to the rights of the Palestinian people in Gaza.”
At the initial hearings in January, allegations, as defined by the 1948 UN Genocide Convention, included the large-scale killing of civilians, particularly children, mass displacement and expulsion of Palestinians, destruction of their homes, and the intent to wipe out the Palestinian people.
Meanwhile, the White House formally rejects the proposition that Israel’s military offensive in Gaza is genocidal while stating Israel “must do more” to protect innocent civilians. An operation into the heart of Rafah would be a “mistake”, US National Security Advisor Jake Sullivan said, adding that the US would not supply offensive weaponry intended for a Rafah ground offensive. The growing tension between the major allies has been muted to signal that Israel is growing increasingly isolated over its actions in Gaza.
Additionally, the US has reportedly been asked by Israeli Prime Minister Benjamin Netanyahu to help prevent his arrest for committing war crimes in Gaza. There has been growing speculation over whether the International Criminal Court (ICC), also located in the Dutch administrative centre, is preparing to issue arrest warrants for Netanyahu, his defence minister, and the chief of the Israeli Defence Forces (IDF).
Tensions over the responsibilities of states in foreign conflicts were illustrated elsewhere last month as Nicaragua, through the ICJ, accused Germany of complicity in genocide based on Berlin’s military and financial support to Israel.
In civil society, protesters continue to condemn Israel’s acts as genocidal and advocate for a permanent ceasefire as outrage over the human suffering in Gaza spreads worldwide. On university campuses around the world, students stand in solidarity with the Palestinian people and demand an international boycott of diplomatic and economic ties with Israel.
