South Africa calls on ICJ to intervene to halt Israel’s Rafah offensive

The International Court of Justice (ICJ) last month ordered Israel to take all measures within its power to prevent its troops from committing genocide against Palestinians in the besieged Gaza Strip in a case brought by South Africa.

Israel has denied all allegations of genocide in connection with its assault on Gaza and asked the court to reject the case outright, saying it respects international law and has a right to defend itself against Hamas, the group that governs Gaza.

Israel announced it is planning to expand its ground assault into Rafah, where more than 1 million Palestinians have sought refuge from the offensive that has laid waste to much of the enclave since Hamas fighters attacked Israel on October 7.

“In a request submitted to the court yesterday [Monday], 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.

“This would be in serious and irreparable breach both of the Genocide Convention and of the Court’s Order of January 26.”

There was no immediate comment from The Hague-based ICJ.

In past cases, the ICJ has sometimes granted additional emergency measures when circumstances on the ground had changed.

The court has not yet ruled on the core of the case brought by South Africa – whether genocide has occurred in Gaza. But it recognised the right of Palestinians in Gaza to be protected from acts of genocide.

The court also ordered Israel to allow in much-needed humanitarian aid, including fuel.

The day South Africa filed its request, Israeli forces attacked 14 houses and three mosques in Rafah, killing dozens of people and prompting hundreds of displaced families to flee.

Israel’s military campaign in Gaza has killed at least 28,500 people, more than 70 percent of them women and children, according to Palestinian health officials.

About 80 percent of the population has been displaced, and a humanitarian catastrophe has pushed more than a quarter of the population towards starvation.

United Nations aid chief Martin Griffiths warned Tuesday military operations in Rafah could lead to “a slaughter” and leave humanitarian efforts in Gaza “at death’s door”.

His comments add to growing international opposition to Israel’s potential ground offensive into Rafah, where more than 1 million displaced Palestinians are estimated to be crammed into makeshift shelters.

“They, like the entire population of Gaza, are the victims of an assault that is unparalleled in its intensity, brutality and scope,” Griffiths said of those displaced.

He urged Israel to listen to the international community’s warnings against “the dangerous consequences” of a ground invasion.

“History will not be kind” if those calls are ignored, he added.