POLL | Should the ICJ take action against the implementation of Israel's assault on Rafah?

14 February 2024 - 12:26
By Rethabile Radebe
Palestinian Mahmoud Al-Durra, 32, from Gaza City, was displaced to the city of Rafah in the south of the Gaza Strip after Israeli raids destroyed his house and his wife was killed. He lives among the rubble of a destroyed house and takes care of his four children, as seen in this January 31 2024 picture.
Image: Ahmad Hasaballah/Getty Images *** BESTPIX *** Palestinian Mahmoud Al-Durra, 32, from Gaza City, was displaced to the city of Rafah in the south of the Gaza Strip after Israeli raids destroyed his house and his wife was killed. He lives among the rubble of a destroyed house and takes care of his four children, as seen in this January 31 2024 picture.

As Israel's relentless plan to execute assault on the people of Palestine continues, lawyers and international relations scholars are asking if the International Court of Justice (ICJ) can do more to stop Israel from attacking the city of Rafah.

The city in the southern Gaza Strip has faced attacks as Israel seeks to obliterate Hamas, the Palestinian group of the Muslim Brotherhood.

TimesLIVE Premium reported on Tuesday that South Africa is again looking to the ICJ to intervene in the war between the two parties, who have been at loggerheads since October.

South Africa has urgently asked for “additional measures” after Israel’s Prime Minister Benjamin Netanyahu requested his cabinet to approve a plan for the evacuation of Rafah and the destruction of Hamas battalions.

Director-general of the department of international relations and co-operation Zane Dangor told TimesLIVE Premium the court confirmed it had received South Africa's request and sent a copy to Israel.

The ICJ told Israel it had until 3pm on Thursday to make “any observations” about South Africa’s request.

Talks between the leaders of the US, Egypt, Israel and Qatar on a Gaza truce fell flat on Tuesday as calls grew for Israel to stop its attack on Rafah.

The Norwegian Refugee Council reported 1.9-million Palestinians in Gaza were destitute and without shelter. About a quarter of a million houses belonging to the people of Palestine have been damaged as a result of the war. In addition 50,000 homes have been  destroyed and more 1-million people in Gaza don't have a safe and secure place to call home.

The jurisdiction of the ICJ is in two parts, namely:

  • It decides, in accordance with international law, disputes of a legal nature that are submitted to it by states (jurisdiction in contentious cases); and
  • It gives advisory opinions on legal questions at the request of the organs of the UN, specialised agencies or one related organisation authorised to make such a request (advisory jurisdiction).

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