Lawyers urge international court of justice to issue urgent measures over assault on Gaza’s southernmost city
South Africa has asked the international court of justice (ICJ) to urgently order Israel to end its assault on Rafah, halt its military campaign across Gaza, and allow international investigators and journalists into the territory.
In a court hearing, lawyers for South Africa expanded a written request for judges to issue an emergency order to stop the offensive into Rafah, Gaza’s southernmost city.
They argued that seven months into the war, which has killed more than 35,000 people and reduced much of Gaza to rubble, the scale of suffering was now so intense that a total ceasefire was needed to get food, medicine and other aid to its desperate population.
Prof Vaughan Lowe KC told the court that a destructive campaign in Rafah, the last corner of Gaza that has not faced a ground invasion by Israeli forces, would destroy “the foundation of Palestinian life” in the territory.
“If the court does not act now the possibility of rebuilding a viable Palestinian society in Gaza will be destroyed, at least for the lifetime of those who survive the current horrors of Gaza.”
South Africa also demanded access for reporters and war crimes investigators to Gaza, to collect and preserve evidence of potential war crimes.
“The details are not always easy to verify because Israel continues to bar independent investigators and journalists from entering Gaza, and over 100 journalists who were in Gaza have been killed since Israeli attacks began,” Lowe said. “Israel cannot block investigations by independent investigators and then say the court cannot proceed because there is insufficient evidence against it.”
Israel’s foreign ministry said in response that South Africa was “presenting biased and false claims” which “rely on unreliable Hamas sources” and called on the court to reject the appeal.
“Israel acts in accordance with international law and its humanitarian obligations, while implementing measures to minimise harm to civilians and civilian facilities,” the ministry said late on Thursday.
Thursday’s hearing came after South Africa applied for new provisional orders to prevent “irreparable harm”, while the court hears its main case accusing Israel of genocide in Gaza. Judges are expected to take years to reach a decision in that case.
