Pretoria – South Africa has welcomed the International Court of Justice’s decision on the recent Article 75 application, which noted that the most recent developments in the Gaza Strip, and Rafah in particular, “would exponentially increase what is already a humanitarian nightmare”.
“The court affirms our view that the perilous situation demands immediate and effective implementation of the provisional measures indicated by the Court in its Order of 26 January 2024, which are applicable throughout the Gaza Strip, and has clarified that this includes Rafah,” Vincent Magwenya, Spokesperson to South Africa President Cyril Ramaphosa, said late Friday.
Earlier this week on Tuesday, the South African Government urgently appealed to the ICJ to assess Israel’s recent declaration to expand its military presence in Rafah, which is the last refuge for surviving people in Gaza.
The South African government said it was urging the ICJ to determine if it should intervene to prevent any imminent violation of the rights of Palestinians in Gaza.
Magwenya said the latest ICJ decision has noted, “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’,” as stated by the United Nations Secretary-General.
Magwenya said the court has accepted:
- (1) That Israel’s planned incursions in Rafah would render what is already a humanitarian disaster even more perilous.
- (2) The situation requires compliance with the existing provisional measures.
- (3) Compliance with the existing provisional measures requires the protection of civilians in Gaza including Rafah.
Magwenya said the ICJ has unequivocally explained that compliance with the existing provisional measures requires Israel to ensure the safety and security of all Palestinians in the Gaza Strip.
“Any decision by Israel to engage in military activities against Palestinians in the current circumstances is a violation of the order of the International Court of Justice,” explained Magwenya.
He said the ICJ states in terms: “The Court emphasises that the State of Israel remains bound to fully comply with its obligations under the Genocide Convention and with the said Order, including by ensuring the safety and security of the Palestinians in the Gaza Strip.”
Magwneya said South Africa will continue to use existing channels such as the United Nations Security Council to ensure full and effective implementation of the existing provisional measures.
Since the Hamas attacks in Israel on October 7, which left over 1 200 Israelis dead and saw more than 150 others abducted, some 28 000 Palestinians – many of them women and children – have been killed by the Israeli Defence Forces in retaliatory attacks in Gaza.
Meanwhile, US President Joe Biden has warned against Israeli occupation forces launching a large-scale military operation in the city of Rafah in the southern Gaza Strip.
During a phone call with the head of the occupation government entity, Benjamin Netanyahu, Biden warned against launching an operation in the city of Rafah in the Gaza Strip without a plan to preserve the safety of civilians, according to the statement.
Netanyahu is still threatening to storm Rafah and insists on his plans to launch a “precise military operation” in the heavily populated area, where Palestinians displaced from other parts of Gaza have sought refuge.
In a precursor to the planned strikes, on Friday Israeli troops stormed southern Gaza’s main hospital bringing chaos to hundreds of staff and patients inside, as health officials said four people in intensive care died after their oxygen was cut off.
