Monday, May 13, 2024

Egypt joins South Africa in Israel genocide case at the ICJ

Cairo's decision will be seen as a major blow for Israel and adds to growing tensions as Israel's war on Gaza moves to the southern border with Egypt.


MENA3 min read
The New Arab Staff
12 May, 2024

The ICJ opened a case against Israel bought by South Africa in late December 2023 [file/GETTY]


Egypt announced on Sunday its formal support for South Africa's lawsuit against Israel for genocide at the International Court of Justice (ICJ), in a major blow for Israel from one of its few Arab allies.

In a statement from the Ministry of Foreign Affairs, Egypt said its decision to intervene in the case comes in the wake of the increasing severity and scope of Israeli attacks on Palestinians in its war in Gaza, which has entered its eighth month.

It said that Israel’s actions in Gaza, where over 35,000 Palestinians have been killed, are "in flagrant violation of the provisions of international law, international humanitarian law, and the Fourth Convention of 1949 for the protection of civilian persons in time of war".

The statement named "systemic practices" against Palestinians, including direct attacks on civilians, destruction of infrastructure and forced evacuations out of their land.

"The Arab Republic of Egypt calls on Israel to comply with its obligations as the occupying power, and to implement the provisional measures issued by the International Court of Justice, which requires ensuring the access of humanitarian and relief aid in a manner that meets the needs of the Palestinians in the Gaza Strip."

Despite international opposition, Israel pressed ahead with its long-threatened invasion of the southern Rafah governorate which borders Egypt this week and rapidly seized control of the border crossing and sealed it shut.

Hundreds of thousands of Palestinians were forced to evacuate under Israeli military directives to so-called "expanded humanitarian zones". Locals have reported scenes of chaos and fear as hungry and exhausted families were forced to flee again.

Humanitarian agencies and the UN have said that the invasion risks huge civilian casualties and have sounded the alarm over the lack of basic living conditions, including running water, and access to health care.

On Friday South Africa asked the ICJ to order Israel to withdraw from Rafah as part of additional emergency measures in response to the ongoing case over the Gaza war.

In a sign of mounting tensions, Cairo said on Saturday that it would not cooperate with Israeli authorities over the entry of aid through Rafah due to Israel's "unacceptable escalation".

For months, Egyptian officials had warned that an Israeli invasion of Rafah would risk peace ties between the two countries, with Cairo nervous that a major assault could put pressure on the delicate Northern Sinai border area.

The move to support South Africa’s case at The Hague, in which Israel has been accused of breaching its obligations under the UN Genocide Convention, will be seen as a major diplomatic blow for Tel Aviv on the world stage.

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For decades, Cairo has served as an important mediator in the region as the first Arab nation to formalise ties with Israel through a peace treaty in 1979 which marked a major milestone.

In the current war, Cairo has regularly hosted ceasefire negotiations between Palestinian officials and US and Egyptian intelligence officers.

Following the announcement, Hamas said on Sunday that it "appreciated" Egypt's decision to join South Africa in the ICJ case and its condemnation of Israel’s "violations and crimes" against the people of Gaza.

Turkey, Ireland, Libya, and Colombia have also announced formal support for South Africa's case against Israel.

Egypt joins ICJ case against Israel as one official warns Rafah op puts peace at risk

As IDF deepens action in city, Cairo escalates pressure on Jerusalem to pull back troops; at the same time, country’s FM insists peace treaty is ‘core pillar of regional stability’

TIMES OF ISRAEL
and AP
12 May 2024, 

Egypt's Foreign Minister Sameh Shoukry attends a panel discussion during the World Economic Forum Special Meeting in Riyadh on April 29, 2024. (Fayez Nureldine/AFP)


With the IDF deepening its ground operations in Rafah, a senior Egyptian official told The Associated Press on Sunday that Cairo had lodged protests with Israel, the United States and European governments, warning that its peace treaty with Israel — a cornerstone of regional stability — was at high risk.

The news agency did not report any further comments from the official, who spoke on condition of anonymity.

At the same time, at a Cairo press conference with his Slovenian counterpart, Egyptian Foreign Minister Sameh Shoukry sought to calm worries over the future of the peace deal.

“The peace agreement with Israel has been Egypt’s strategic choice for 40 years, and it represents a core pillar of peace in the region for peace and stability,” he said, adding that there are mechanisms for adjudicating violations of the agreement.

Nevertheless, later Sunday Egypt announced it would support South Africa’s ongoing lawsuit in the International Court of Justice accusing Israel of genocide in Gaza.

Egypt’s statement said the decision “comes in light of the worsening severity and scope of Israeli attacks against Palestinian civilians in the Gaza Strip, and the continued perpetration of systematic practices against the Palestinian people, including direct targeting of civilians and the destruction of infrastructure in the Strip, and pushing

 Palestinians to flee.”

Proceedings are ongoing at the ICJ in The Hague in the Netherlands, to examine South Africa’s claim that Israel’s aerial and ground offensive in Gaza, launched after Hamas’s October 7 massacre, is aimed at bringing about “the destruction of the population” in the Palestinian enclave.

Israel rejects the accusations as false and libelous, saying it respects international law and has a right to defend itself after some 3,000 Hamas-led terrorists burst across the border into Israel on October 7, killing some 1,200 people and seizing 252 hostages amid wholesale acts of brutality and sexual assault.

In January the ICJ agreed to review South Africa’s claims that Israel violated some rights guaranteed under the genocide convention during its assault on Gaza and ordered emergency measures, including a call for Israel to halt any potential acts of genocide.



Judge Nawaf Salam, third right, speaks at the start of a two-day hearing at the World Court in The Hague, Netherlands, in a case brought by Nicaragua accusing Germany of breaching the genocide convention by providing arms and support to Israel, April 8, 2024. (Patrick Post/AP)

The Israeli Foreign Ministry declined to comment.

The announcement from the Egyptian Foreign Ministry came as Israeli troops continued to operate along the Egypt-Gaza border.

Egypt has said it would not open its borders to allow large numbers of Gazans to escape the fighting. Israeli troops have captured the Gaza side of the Rafah Crossing, and Egypt has since then refused to coordinate bringing aid in.

A woman and boy walk with belongings past barbed-wire fences as they flee from Rafah in the southern Gaza Strip on May 11, 2024 amid the ongoing conflict in the Palestinian territory between Israel and terror group Hamas. (AFP)

The statement called for the international community to push for a ceasefire in Gaza and an end to the Rafah operation.

While Egypt has been hosting on-and-off talks aimed at reaching a ceasefire and hostage release deal, Cairo has also been heavily critical of Israel and its prosecution of the ongoing war against Hamas. But the prospect of a widespread ground offensive in the southernmost city, just next to Gaza’s border with Egypt, has sharpened such criticism.

On Saturday, the Israeli military began calling on Palestinians in additional neighborhoods of Rafah to evacuate the area, as it pressed on with an operation against the terror group in the city in the southern Gaza Strip.


IDF soldiers under the Givati Brigade stand atop a tank in eastern Rafah in the southern Gaza Strip, in a handout picture released on May 10, 2024. (Israel Defense Forces)

The Wall Street Journal reported in February that Egyptian officials had warned the decades-long peace treaty between Egypt and Israel could be suspended if Israel Defense Forces’ troops were to enter Rafah, or if any of Rafah’s refugees are forced southward into the Sinai Peninsula.

In an effort to forestall a massive influx of refugees, Egypt has stationed tanks near its border with Gaza, after reinforcing the border wall since the beginning of the war, both structurally and with surveillance equipment.

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