Gaza War: South Africa urges ICJ to weigh Israel’s Rafah offensive

On Tuesday, South Africa announced that it has requested the World Court to examine if more emergency measures were necessary to safeguard the rights of Palestinians in light of Israel’s proposal to expand its offensive in Gaza into the city of Rafah.

In a lawsuit brought by South Africa, the International Court of Justice (ICJ) last month ordered Israel to take all reasonable steps to stop its troops from committing genocide against Palestinians in Gaza.

Israel has requested that the court dismiss the case completely, arguing that it observes international law and has the right to self-defense. Israel has refuted all claims of genocide related to its battle against Hamas, the Palestinian Islamist organization that rules Gaza.

Over a million Palestinians have sought safety in Rafah from the offensive that has devastated most of the Gaza Strip since Hamas militants attacked Israel on October 7. Israel has stated that it intends to continue its infantry assault into Rafah.

“In a request submitted to the court yesterday (Feb. 12), the South African government said it was gravely concerned that the unprecedented military offensive against Rafah, as announced by the State of Israel, has already led to and will result in further large-scale killing, harm and destruction,” a statement issued by South Africa’s presidency said.

In the past, when the situation changed on the ground, the ICJ occasionally approved extra emergency measures.

The central question in South Africa’s case—whether or whether there has been genocide in Gaza—has not yet been decided by the court. However, it acknowledged that Gaza’s Palestinian population has a right to be shielded from acts of genocide.