The International Court of Justice (ICJ) has denied South Africa’s request for additional safety measures in Gaza. South Africa’s request response to perceived threats of a ground invasion by Israeli troops in Rafah, City of Gaza, home to 280,000 Palestinian refugees.
South Africa submitted the request under Article 75(1) of the Rules of Court of the ICJ. The country’s legal team argued for the need to “prevent further imminent breach of the rights of Palestinians in Gaza”, underlining that the recent developments in Rafah could potentially exacerbate the deteriorating humanitarian situation in the region.
However, Israel responded by cautioning the ICJ that South Africa’s application possibly abuse the Court’s provisional measures procedure. Meanwhile, South Africa maintains that it “reserves its own rights to take further action in respect of the situation.”
Israel went on to clarify its robust commitment to observing international law, and rebutted the charges as unfounded, arguing that South Africa’s application failed to mention Hamas and demonstration of “contempt for the law”.
The court’s judgement underscored the need for an “immediate and effective implementation of the provisional measures” already approved in an earlier judgment in January 2024. However, the court did not see the need for any additional provisional measures in response to the South African request.
Legal professionals keeping abreast of the proceedings will note that South Africa and Israel are currently involved in ongoing case at the ICJ beginning December 2023. South Africa accused Israel of violating its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide. Full details of this case can be found here.