Middle-East

South Africa urges more emergency ICJ measures against Israel over Gaza starvation

Ambassador Vusimuzi Madonsela (r) of South Africa during a hearing at the International Court of Justice (ICJ) on the legal consequences of the Israeli occupation of Palestinian territories. (Photo: ROBIN VAN LONKHUIJSEN/ANP via AFP)

By AFP | Thursday, March 7, 2024

Pretoria said this may be "the last opportunity the Court shall have to save the Palestinian people in Gaza already dying of starvation, and now 'one step' from famine".

South Africa on Wednesday petitioned the International Court of Justice to impose fresh emergency measures on Israel over what it described as the "widespread starvation" resulting from its Gaza offensive.

It is the second time Pretoria has asked the court for additional measures -- its first request in February was denied.

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South Africa said it was "compelled to return to the Court in light of the new facts and changes in the situation in Gaza -- particularly the situation of widespread starvation" during the offensive.

Pretoria said its application may be "the last opportunity that this Court shall have to save the Palestinian people in Gaza already dying of starvation, and now 'one step' from famine," citing the UN Office for the Coordination of Humanitarian Affairs.

The UN has warned famine is looming and desperate crowds have stopped and looted food aid trucks.

"Palestinian children are starving to death as a direct result of the deliberate acts and omissions of Israel -- in violation of the Genocide Convention and of the Court's Order," charged South Africa.

Pretoria urged the court to order an "immediate halt" to fighting, the release of all hostages, the end to Israel's blockade of Gaza, and the provision of emergency aid.

Palestinians wait to collect food at a donation point in a refugee camp in Rafah in the southern Gaza Strip on December 23, 2023. (Photo: Mahmud HAMS/AFP)

'Provisional measures'

In a ruling in mid-January that made headlines worldwide, the ICJ, based in The Hague, ordered Israel to do everything it could to prevent genocide during its offensive in Gaza.

The court also ruled that Israel must allow aid into Gaza to ease the desperate humanitarian situation there.

These were "provisional measures", emergency steps Israel needed to take while the court assesses the wider issue of whether it is committing genocide in Gaza -- which could take years.

South Africa has accused Israel of breaching the 1948 UN Genocide Convention -- set up in the aftermath of World War II and the Holocaust -- during its military campaign in Gaza.

Pretoria hailed the January judgement as a victory and said it should lead to a ceasefire.

However, in mid-February, the court rejected a request by South Africa to pressurise Israel to halt an offensive against the Gaza city of Rafah.

Israel has throughout dismissed the court proceedings.

Prime Minister Benjamin Netanyahu said in January that the charge against Israel "is not only false, it's outrageous, and decent people everywhere should reject it".