Johnathan Paoli
The International Court of Justice (ICJ) has decided to uphold the existing provisional measure against Israel and declined additional measures South Africa was seeking in relation to section 75(1) of the rules of the court.
The court stated on Friday at the Hague, Netherlands that the most recent developments in the Gaza Strip, and Rafah in particular, would exponentially increase what is already a humanitarian nightmare with untold regional consequences.
This follows Israeli Prime Minister Benjamin Netanyahu’s announcement of an operation against Rafah, which currently houses more than half of Gaza’s population, approximately 1.4 million people, who had fled following Israeli attacks across Gaza according to UN humanitarian agency United Nations Office for the Coordination of Humanitarian Affairs.
Netanyahu said he would push ahead with a “powerful” operation in the overcrowded city to achieve “complete victory” over the Hamas militant group.
The court found that the situation required compliance with the existing provisional measures and called upon Israel to ensure the safety and security of all Palestinians in the region.
Consequently, the ICJ said that any attempt to engage in military activities against Palestinians in the current circumstances would be a violation of the order of the court.
The court declined additional measures and found that the existing framework would be sufficient to inform Israel of its obligations as found by the court.
The South African government has welcomed the injunction by the International Court of Justice on the protection of civilians in Gaza, with presidential spokesperson Vincent Magwenya saying that the court affirmed the government’s view that the existing provisional measures included the protection of the city of Rafah.
“South Africa will continue to use existing channels such as the UN Security Council to ensure full and effective implementation of the existing provisional measures,” Magwenya said.
The ruling follows calls from Israel’s allies, including the US, Canada, UK, Australian and New Zealand not to go ahead with operations against what remains for many a last refuge.
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