South Africa Takes Urgent Steps to Hold Israel Accountable Before the International Court of Justice

Faten Jabari, Department of International Relations and Strategic Affairs

On Thursday, South Africa intends to request the highest court of the United Nations to issue an order to halt the attack on Rafah, as part of its case accusing Israel of committing a genocide in the Gaza Strip.

Israel in the Dock

The hearings before the International Court of Justice (ICJ), also known as the World Court, in The Hague, come after South Africa requested additional urgent measures last week to protect Rafah, a city in southern Gaza sheltering over a million Palestinians.

The international session will feature South Africa’s latest efforts to obtain an emergency order, asking the court to mandate Israel to allow UN officials, humanitarian aid organizations, journalists, and investigators unhindered access to the Gaza Strip. Israel has so far ignored and violated previous court orders. According to Gaza’s health authorities, the Israeli attack has resulted in the death of over 35,000 Palestinians. Israeli statistics report about 1,200 deaths in Israel and 253 hostages held following the October 7th attack by Hamas, the Palestinian Islamic resistance movement.

Israel plans to respond on Friday, asserting that South Africa’s allegations of violating the 1949 Genocide Convention are baseless.

South Africa’s Demands and Court Orders

It should be noted that the rulings and orders of the ICJ are binding and cannot be appealed. Although the court lacks enforcement mechanisms, issuing an order against a state can harm its international reputation and set a legal precedent.

South Africa has requested the ICJ to implement nine provisional measures concerning the Palestinian people as a protected group under the Genocide Convention.

1. Israel must immediately suspend its military operations in Gaza.

2. Israel must ensure no steps are taken to support these military operations.

3. Both South Africa and Israel, under their obligations from the Genocide Convention concerning the Palestinian people, must take all reasonable measures within their power to prevent a genocide.

4. Israel, according to its obligations under the convention, must cease any acts covered by Article II of the convention.

5. Israel must halt all measures against Palestinians, including the revocation of related orders and restrictions, to prevent:

   – Their forced eviction and displacement from their homes.

   – Deprivation of:

     1. Sufficient food and water.

     2. Access to humanitarian aid, including adequate fuel, shelter, clothing, hygiene, and sanitation.

     3. Medical supplies and assistance.

   – The destruction of Palestinian life in Gaza.

6. Israel must ensure no acts described in points (4) and (5) are committed, or participate in direct and public incitement, attempts to commit genocide, conspiracy, or complicity in such acts.

7. Israel must take effective measures to prevent the destruction of evidence related to these allegations and ensure its preservation. To this end, Israel should not impede or restrict the access of fact-finding missions, international mandates, and other bodies to Gaza.

8. Israel must report to the court all measures taken to implement this order within one week of its issuance and subsequently at regular intervals as ordered by the court until the final decision is reached.

9. Israel must refrain from any actions and ensure no actions are taken that could aggravate the dispute before the court, prolong it, or make its resolution more difficult.