South Africa is set to request the International Court of Justice (ICJ) to issue an immediate order to stop the ongoing Israeli offensive in Rafah, describing it as an act of “genocide” that threatens Palestinian lives.
The proceedings will begin on Thursday at the Peace Palace, the ICJ’s headquarters, where South African attorneys will advocate for a ceasefire across Gaza.
The ICJ, the principal judicial body of the United Nations, will hear arguments from South Africa over two days.
The South African delegation will urge the judges to mandate an immediate halt to hostilities. Israel is scheduled to present its response on Friday.
Israel has previously asserted its unwavering commitment to international law and dismissed South Africa’s claims as “utterly baseless” and “morally repugnant.”
In January, the ICJ had instructed Israel to do everything in its power to prevent acts of genocide and to facilitate humanitarian aid access to Gaza.
However, the court stopped short of ordering a ceasefire. South Africa now contends that the current situation on the ground, particularly in Rafah, necessitates renewed intervention by the ICJ.
In its submission, South Africa stated, “The overwhelming evidence indicates that Israel’s military operations in Rafah and other parts of Gaza constitute acts of genocide.” The report added, “An immediate order must be issued to stop these actions.”
The ICJ’s rulings are legally binding, though the court lacks mechanisms for enforcement. For instance, the court ordered Russia to cease its invasion of Ukraine, but this ruling had no tangible effect.
South Africa’s petition to the ICJ includes three urgent requests, known as “provisional measures,” while the broader case against Israel for alleged violations of the Genocide Convention proceeds.
Firstly, South Africa seeks an order for Israel to “immediately withdraw and cease its military offensive” in Rafah.
Secondly, it demands that Israel take “all necessary measures” to ensure unhindered access for humanitarian workers, journalists, and investigators to Gaza. Lastly, South Africa requests that the ICJ require Israel to submit reports detailing its compliance with these orders.
