South Africa Requests Additional ICJ Measures Against Israel in Response to Rafah Incursion

South Africa has submitted an application to the International Court of Justice (ICJ), begging for additional provisional measures and adjustment of prior provisional measures against Israel. The call for additional measures is in response to Israel’s recent military incursion in Rafah and an evacuation order targeting refugees in Rafah.

These new measures demand Israel to immediately withdraw from Rafah and conclude its military offensive. The request encompasses adjustments of previously implemented provisional actions, based on Article 41, due to changed conditions and new circumstances surrounding this issue.

South Africa has expressed its gravest concerns, stating that if Rafah is destroyed, the prospects for Palestinian existence within the territory will become grim. The request underscores the severe risks faced by Palestinians in Rafah, including children who have already been casualties of the conflict.

In a proceeding initiated in December, South Africa accused Israel of genocide against Palestinians in the ICJ. The allegations proposed provisional measures, urging Israel to instantly suspend its military operations in Gaza.

Over the past week, following an evacuation directive by the Israel Defense Forces, airstrikes have commenced in Rafah. The UN Office of the High Commissioner on Friday urged a halt to the ground operation. A statement by a UN expert insisted that the Rafah invasion be avoided and the attack brought to an end.

The statement further clarified that additional displacement of Gaza’s population contravenes the binding provisional measures imposed on Israel by the ICJ. Military operations, according to the United Nations Relief and Works Agency (UNRWA), have hindered the entry of aid and fuels in Rafah.

Meanwhile, Antonio Guterres, the UN Secretary-General, has warned about an impending humanitarian disaster, should a mass ground assault on Rafah occur. He has appealed for an alliance in the international community advocating for an immediate humanitarian ceasefire.