South Africa has written to the International Court of Justice urgently asking for “additional measures” in the face of Israel’s recent announcement that Prime Minister Benjamin Netanyahu had asked his cabinet to approve a plan for the evacuation of Rafah and the destruction of Hamas battalions there.
Director-general of the department of international relations and co-operation Zane Dangor told TimesLIVE Premium the court had acknowledged receipt and had already sent a copy to Israel and asked it for “any observations” on South Africa’s request — by 3pm on Thursday.
“So they [the court] are not ignoring it,” he said.
About half of Gaza’s population — about 1.4-million people — are reportedly currently in Rafah, many sheltering there after fleeing from their homes in other parts of Gaza on Israel’s own evacuation orders.
The assault plan on Rafah has been widely denounced, with aid agencies saying there is nowhere for civilians to go.
US President Joe Biden is reported to have told Netanyahu Israel should not launch a military operation in Rafah “without a credible and executable plan for ensuring the safety of and support for the more than 1-million people sheltering there”.
Dangor said South Africa’s request was made in terms of section 75(1) of the court’s rules, which allows it to, of its own accord and “at any time”, indicate provisional measures if “the circumstances of the case require”.
He said the rule allows this to be done without the need for a further argument or an oral hearing of the parties.
Dangor said Israel was already in breach of the provisional measures the court had already ordered on January 26 that are binding on it.
He said South Africa’s request quoted UN secretary-general Antonio Guterres, Unicef and Save the Children, all warning of the disastrous humanitarian consequences should there be any further offensive on Rafah whether by air or by ground. He said Save the Children warned of a “bloodbath”, and that an offensive in Rafah would be “beyond our worst nightmares”.
The section 75(1) process had been used before in the LaGrand case, he said, which involved German nationals who were facing execution in the US.
The request does not specify what additional measures South Africa is seeking — the 75(1) process is one that falls within the discretion of the court, he said. But he said South Africa had asked the court to consider additional measures because of the urgency of the situation and risk of imminent harm to the rights of Palestinians.
In an interview with ABC News on Sunday, Netanyahu is reported to have said that Israel was pressing ahead with its ground offensive.
“We’re going to do it. We’re going to get the remaining Hamas terrorist battalions in Rafah, which is the last bastion, but we’re going to do it. We’re going to do it while providing a safe passage for the civilian population so they can leave,” Netanyahu is reported as saying.
“Those who say that under no circumstances should we enter Rafah, are basically saying ‘lose the war, keep Hamas there’,” he is reported to have said.
Asked where people would go, Netanyahu reportedly said Israel was working out a “detailed plan”.
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