The International Court of Justice (ICJ) held a hearing on South Africa's request to halt Israel's military operations in Rafah.
This Thursday and Friday, the UN International Court of Justice held a two-day hearing in The Hague, the Netherlands, on South Africa's request to stop Israel's military operations in Rafah.
The hearing was held at the request of South Africa. On 29 December last year, South Africa filed an application with the Court alleging that Israel had violated its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide against the Palestinians in the Gaza Strip.
The International Court of Justice issued an order on 26 January this year, directing Israel to take interim measures, inter alia, to prevent the commission of genocide, to prevent and punish incitement to commit genocide, to prevent the destruction of evidence, and to take immediate and effective measures so that it can provide much-needed basic services and humanitarian assistance to address the dire living conditions faced by Palestinians in Gaza.
In order to prevent Israel from launching further military operations against Rafah and its environs. On 10 May, South Africa asked the International Court of Justice to issue a new order directing interim measures "to ensure the survival of Palestinians in Gaza".
国际法院/Wendy van Bree
South Africa's ambassador to the Netherlands, Madonsella, spoke at the hearing.
South Africa had to return to the International Court of Justice
In its latest application, South Africa noted that Rafah is a "last resort" for Gazans and that the city is also a "last viable centre" for providing asylum and basic services, including health care. The Israeli military incursion into Rafah will bring humanitarian needs to unprecedented levels.
In view of this, South Africa requested the International Court of Justice to direct new interim measures requiring Israel to "immediately withdraw and cease its military offensive in Rafah province"; demands that Israel take "all effective measures" to allow "unhindered access" to Gaza for humanitarian aid workers, journalists and investigators; Israel was asked to indicate the measures it had taken to comply with all interim measures directed by the International Court of Justice.
South Africa's ambassador to the Netherlands, Vusimuzi Madonsela, said at a hearing on Thursday that more than 35,000 Palestinians have been killed, much of Gaza is in ruins, and Israel is still "at large," forcing South Africa to return to the International Court of Justice.
Vaughan Lowe, an international law lawyer and expert, said that the evidence of Israel's appalling crimes and atrocities is being destroyed, which is effectively clearing the name of those who committed these crimes and making a mockery of justice.
国际法院/Wendy van Bree
Israeli co-agent Noem spoke at the hearing.
Israel refutes South Africa's allegations
On Friday, Israel's co-agent Gilad Noam said at a hearing that South Africa's use of the "most sacred" Convention on the Prevention and Punishment of the Crime of Genocide was "outrageous" and ignored that Israel was in the midst of a "difficult and tragic" armed conflict.
Noem stressed that the war was not provoked by Israel, that "any country in Israel's predicament would take the same action" and that Israel "did not launch a large-scale attack on Rafah, but took concrete, limited and partial actions, along with evacuation efforts and support for humanitarian activities".
Noem said Israel had participated in the proceedings "fully and in good faith" and would "remain steadfast in its obligations under international law" despite "outrageous and defamatory allegations" made against Israel.
The International Court of Justice began its deliberations
At the conclusion of the two-day hearing, the International Court of Justice began its consideration of South Africa's new request. The judgment of the International Court of Justice will be delivered in open court, and the date will be announced in due course.
An interim measure is a temporary injunction that is taken before a final decision is made on a dispute and can take years for a judgment to be rendered. These measures were considered to be subject to "enforcement", but the Court itself did not have the means to guarantee enforcement.
The International Court of Justice, based in The Hague, is the principal judicial organ of the United Nations. The Court was established in June 1945 by the Charter of the United Nations and became operational in April 1946.
The 15 members of the International Court of Justice are elected by the General Assembly and the Security Council for a term of nine years.
The International Court of Justice has two functions: first, to settle legal disputes submitted to it by States through binding and non-appealable judgements in accordance with international law; Second, to provide advice on legal issues submitted by duly recognized United Nations bodies and specialized agencies.