South Africa asks World Court to order Israel's withdrawal from Rafah

Reuters
Updated Fri, May 10, 2024

Palestinians evacuate after Israeli forces launched a ground and air operation in the eastern part of Rafah


AMSTERDAM (Reuters) -South Africa has asked the International Court of Justice (ICJ) to order Israel to withdraw from Rafah as part of additional emergency measures over the war in Gaza, the U.N.'s top court said on Friday.

In the ongoing case brought by South Africa, which accuses Israel of acts of genocide against Palestinians, the World Court in January ordered Israel to refrain from any acts that could fall under the Genocide Convention and to ensure its troops commit no genocidal acts against Palestinians.

Israel did not immediately respond to requests for comment. It has previously said it is acting in accordance with international law in Gaza, and has called South Africa's genocide case baseless and accused Pretoria of acting as "the legal arm of Hamas".


In filings published on Friday, South Africa is seeking additional emergency measures in light of the ongoing military action in Rafah, which it calls the "last refuge" for Palestinians in Gaza.

South Africa asked the court to order that Israel cease the Rafah offensive and allow unimpeded access to Gaza for U.N. officials, organisations providing humanitarian aid, and journalists and investigators.

According to South Africa, Israel's military operation is killing the Palestinians of Gaza while at the same time starving them by denying humanitarian aid to enter.

"Those who have survived so far are facing imminent death now, and an order from the Court is needed to ensure their survival," South Africa's filing said.

The war has killed nearly 35,000 people in Hamas-run Gaza, according to health authorities there. About 1,200 people were killed in Israel and 253 taken hostage on Oct. 7 when Hamas launched the attack that started the war, according Israeli tallies.

The ICJ, also known as the World Court, generally rules within a few weeks on requests for emergency measures. It will likely take years before the court will rule on the merits of the case. While the ICJ's rulings are binding and without appeal the court has no way to enforce them.

(Reporting by Bart Meijer and Stephanie van den Berg; Editing by Kirsten Donovan and Jonathan Oatis)