South Africa seeks more protection for Palestinians in Gaza

South Africa has filed an urgent request at the International Court of Justice (ICC) seeking additional provisional measures and the enhancement of previous ones to protect Palestinians in Gaza following this week's assault on Rafah.

In its latest act of aggression against the people of Gaza, Israel seized that side of the Rafah border crossing with Egypt, forcing tens of thousands of Palestinians to flee, while shutting down the main entry point for humanitarian aid, according to a report by Aljazeera.

The act threatened the lives of more civilians, 35,000 of whom have been killed by the Israeli military since October 7, 2023, the news agency adds.

In a statement on Friday, the ICC said South Africa has observed that the provisional measures previously indicated by the court are incapable of "fully addressing" the changed circumstances and new facts on which its request is founded.

It bases its request on this week's seizure of Gaza by Israel, which has gained full control over the entry and exit of people and goods.

"The situation brought about by the Israeli assault on Rafah and the extreme risk it poses to humanitarian supplies and basic services in Gaza, the survival of the Palestinian medical system, and the very survival of Palestinians in Gaza as a group, is not only an escalation of the prevailing situation but gives rise to new facts that are causing irreparable harm to the rights of the Palestinian people in Gaza," South Africa told the ICC.

The country led by President Cyril Ramaphosawants the court to indicate further provisional measures and modify the previous provisional measures, under Article 41 of the Statute of the Court and Articles 73(1), 74(1), 75 (1), and (3), or 76 (1) of the Rules of the Court.

The goal is "the protection of the Palestinian people in Gaza from grave and irreparable violations of their rights and South Africa's rights, under the Convention of the Prevention and Punishment of the Crime of Genocide."

Past warnings

This comes after Doctors Without Borders (MSF) warned that the seizure of the Rafah Crossing jeopardises the main lifeline for thousands of people who are trapped amid renewed fighting and leaves stocks of fuel, food, medicines and water dangerously low.

"The lack of fuel will have critical consequences on humanitarian operations, including water distribution, since desalination plants cannot operate without fuel powering their generators, and the operation of hospitals, which only have a few days' worth of reserves," the MSF said this week.

In March, the ICC called on Israel to take all necessary and effective measures to ensure its military does not commit acts which constitute a violation of any of the rights of the Palestinians in Gaza as a protected group under the Genocide Convention, including by preventing, through any action, the delivery of urgently needed humanitarian assistance.

The court's call followed a request by South Africa to indicate provisional measures to "protect against further severe and immeasurable harm to the rights of the Palestinian people under the Genocide Convention, not to engage in Genocide, and to prevent and punish Genocide."

The order was to apply throughout the Gaza Strip, including in Rafah, which is now under the control of the Israeli military.

"In conformity with its obligations under the Genocide Convention and in view of the worsening conditions of life faced by Palestinians in Gaza, in particular the spread of famine and starvation, Israel shall; take all necessary and effective measures to ensure, without delay, in full cooperation with the United Nations, the unhindered provision at scale by all concerned of urgently needed basic services and humanitarian assistance," the court ruled.

The assistance included food, water, electricity, fuel, shelter, clothing, hygiene and sanitation requirements, medical supplies, and medical care.

The ICC asked Israel to increase the capacity and number of land crossing points and maintain them open for as long as necessary.

"[Israel must] ensure with immediate effect that its military does not commit acts that constitute a violation of any of the rights of the Palestinians in Gaza as a protected group under the Genocide Convention, including by preventing, through any action, the delivery of urgently needed humanitarian assistance," the court added.

However, Israeli Prime Minister Benjamin Netanyahu has remained determined. He referred to the capture of the crossing as an "important step" towards dismantling Hamas' military and governing capabilities.

This is even as Defence Minister Yoav Gallant warned that Israel would "deepen" the Rafah operation if talks on the hostage deal failed.