South Africa intends to request the International Court of Justice today, Thursday, to issue an immediate order to halt the Israeli attack on Rafah, describing it as an act of genocide that threatens the lives of Palestinians. The court will hear senior lawyers representing Pretoria over the next two days, who will ask the judges to issue an order for a ceasefire in Gaza, with Israel expected to present its response on Friday.
In January, the International Court of Justice ordered Israel to do everything in its power to prevent acts of genocide and facilitate aid access to Gaza. However, the court did not go as far as to order a ceasefire, and South Africa's argument now is that the ground situation, especially in Rafah, requires new action from the court.
South Africa stated in its report: "As the evidence shows, the manner in which Israel conducts its military operations in Rafah and elsewhere in Gaza constitutes genocide in itself," emphasizing that an order must be directed at it to cease such actions.
It is worth noting that the orders of the International Court of Justice, which adjudicates disputes between states, are legally binding, but the court lacks mechanisms to enforce them. South Africa is requesting the court to issue three emergency orders or provisional measures while it continues to consider the broader accusation against Israel for violating the Genocide Convention.
The measures sought by Pretoria from the court are, firstly: ordering Israel to immediately withdraw and stop its military attack in Rafah; secondly: Israel must take all effective measures to allow humanitarian workers, journalists, and investigators to access Gaza without obstruction. Lastly, Pretoria requests the court to ensure that Israel reports on the measures it is taking to comply with the orders.
