The International Court of Justice (ICJ), the highest judicial body of the United Nations, rejected a new request by South Africa against Israel on Friday. The request was in response to Israel’s announcement of its readiness to attack Rafah, located in the southernmost part of the Gaza Strip. The Court emphasized that Israel must respect the measures it had previously declared.
The ICJ highlighted the urgent need for the immediate and effective implementation of the measures issued in its decision dated January 26, 2024. These measures were to be implemented across the Gaza Strip, including Rafah, negating the need for additional procedures.
South Africa had filed a complaint against Israel at the ICJ, accusing it of an attack on Gaza that constituted a violation of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide. While the Court has not yet ruled on the core of the case, it had ordered Israel on January 26 to do everything within its power to prevent acts of genocide during its military attack and to allow the entry of humanitarian aid.
Following significant developments since the Court’s January decision, notably the announced attack on Rafah, South Africa submitted a petition to the ICJ last Tuesday.
The judges noted that the recent developments in Gaza, especially in Rafah, would greatly exacerbate what is already a humanitarian nightmare with countless regional implications, a concern previously expressed by UN Secretary-General António Guterres.
The judges reiterated that Israel remains obligated to fulfill its commitments under the Genocide Convention, particularly by ensuring the security of Palestinians in the Gaza Strip.
The conflict erupted following an attack by Hamas on southern Israel on October 7, resulting in over 1,160 deaths, mostly civilians, according to official Israeli data. In response, Israel’s counterattack has led to 28,663 deaths in Gaza, with the vast majority being civilian women and children, as reported by the Hamas-run Health Ministry. Israel reports that 130 hostages remain in Gaza, with 30 presumed dead, following Hamas’s unprecedented attack on Israeli territory, during which 250 people were taken hostage.
Since the war’s onset, Egypt has warned against any “forced displacement” of Palestinian residents towards Sinai, an Egyptian region bordering Rafah, a city with a population of 1.4 million, many of whom have fled the fighting while the border with Egypt remains closed.
