THE HAGUE: The UN’s top court today (Friday) rejected South Africa’s request to put more legal pressure on Israel to halt a threatened offensive against the Gaza city of Rafah, saying it was “bound to comply with existing measures”.
South Africa has already filed a complaint against Israel in the International Court of Justice, alleging that its assault on Gaza amounts to a breach of the Genocide Convention.
The ICJ is yet to rule on the underlying issue. On January 26, it ordered Israel to ensure it took action to protect Palestinian civilians from further harm and allow in humanitarian aid.
South Africa Tuesday filed a further request to the international court, asking it to order new measures in the light of Israel’s preparation of a new operation in Gaza’s Rafah.
More than half of Gaza’s 2.4 million population have sought shelter there from Israel’s offensive on the Gaza Strip.
The ICJ’s judges acknowledged that the recent developments “‘would exponentially increase what is already a humanitarian nightmare with untold regional consequences'” — citing remarks by UN Secretary-General Antonio Guterres.
But although Israel needed to act immediately to ensure the safety and security of Palestinians, that did not require “the indication of additional provisional measures”, they added.
Israel remained “bound to fully comply with its obligations under the Genocide Convention and with the said Order”, the ICJ said, referring to its January 26 ruling.
Despite the rejection of its latest request, South Africa welcomed the ICJ’s latest decision.
It affirmed its view that the “perilous situation” in Gaza demanded the “immediate and effective implementation” of the emergency measures the court ordered in its January 26 decision, it said in a statement late Friday.
“The court has unequivocally explained that compliance with the existing provisional measures requires Israel to ensure the safety and security of all Palestinians in the Gaza Strip,” said Vincent Magwenya, President Cyril Ramaphosa’s spokesman.
Israel is now planning a major operation in the overcrowded city with the border to Egypt closed. Nearly 1.5 million Palestinians are trapped in Rafah.
