South Africa has returned to the International Court of Justice (ICJ) to seek an urgent order from the court for the protection of Palestinian people in Gaza amid Israel’s ongoing military assault on Rafah.
The urgent application filed on Friday follows the escalation of Israel’s assault on Rafah, which poses an extreme risk to humanitarian supplies, basic services into Gaza, the survival of the Palestinian medical system, and the survival of Palestinians in Gaza as a group.
In a statement issued by the Presidency on Saturday, President Cyril Ramaphosa said South Africa contends that the attack on Rafah further worsens the prevailing situation and causes irreparable harm to the rights of Palestinians in Gaza, and that the situation has changed significantly since the Court’s order of 28 March 2024.
Rafah is home to 1.5 million Palestinians, and it is the last refuge in Gaza for those displaced by Israeli action. It is the last viable centre for public administration and the provision of basic public servic
es, including medical care.
‘Since the start of the military action in Rafah, Israel has seized control of both the Rafah and Kerem Shalom (Karem Abu Salem) crossings, effectively controlling all movement in and out of Gaza, and cutting off all critical humanitarian and medical supplies, goods and fuel.
‘Israel has further prevented medical evacuations and has treated evacuation zones as extermination zones, as evidenced with the destruction of hospitals in Gaza and discovery of mass graves in other major health care facilities in the Strip,’ President Ramaphosa said.
South Africa has called for urgent interventions and investigations of all actions that continue to cause irreparable prejudice to the rights of Palestinians, including the use of Artificial Intelligence (AI) for targeted killings.
South Africa called on the State of Israel to immediately withdraw and cease its military offensive in the Rafah Governorate, and take all effective measures to ensure and facilitate the unimpeded access to Gaza o
f United Nations and other officials engaged in the provision of humanitarian aid and assistance to the population of Gaza.
The country also called for fact-finding missions by internationally mandated bodies or officials, investigators and journalists in order to assess and record conditions on the ground in Gaza and enable the effective preservation and retention of evidence and shall ensure that its military does not act to prevent such access, provision, preservation or retention.
‘The State of Israel shall submit an open report to the Court on all measures taken to give effect to these provisional measures within one week as from the date of this Order; and on all measures taken to give effect to all previous provisional measures indicated by the Court within one month as from the date of this Order,’ the President said.
South Africa also requested that the Court reaffirm and seek urgent compliance by Israel with the provisional measures ordered by the Court on 26 January and 28 March 2024.
‘South Af
rica remains firmly of the view that the necessary condition for the effective implementation of the Court’s provisional measures is a permanent ceasefire in Gaza. We call on the international community, including the allies of the State of Israel, not to turn a blind eye to the ongoing genocide in Gaza.
‘The gross human rights violations perpetuated by Israel have scaled to incomprehensible levels of cruelty, hate and extreme violent oppression. The world must do more to end the persecution of Palestinians, including that of many innocent women and children,’ President Ramaphosa said.
President Ramaphosa said South Africa is deeply heartened by the protest actions of university students in the United States and other parts of the world.
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‘We are also greatly encouraged by the adoption of the United Nations General Assembly draft resolution that recommends to the Security Council to reconsider favourably the application by the State of Palestine for full membership
of the United Nations.
‘The support of this resolution shown by 143 countries is a further demonstration that the world is listening to the cries of the Palestinians,’ Ramaphosa said.
Source: South African Government News Agency