Presiding judge Nawaf Salam, third from right, opens the hearings at the International Court of Justice, in The Hague, Netherlands, on May 16, 2024.
| Photo Credit: AP

The United Nations’ top court on May 16 opened two days of hearings into a request from South Africa to press Israel to halt its military operation in the southern Gaza city of Rafah, where more than half of Gaza’s population has sought shelter.

It is the fourth time South Africa has asked the International Court of Justice for emergency measures since the nation launched proceedings alleging that Israel’s military action in its war with Hamas in Gaza amounts to genocide.

“The sitting is open,” said ICJ President Nawaf Salam.

According to the latest request, the previous preliminary orders by The Hague-based court were not sufficient to address “a brutal military attack on the sole remaining refuge for the people of Gaza.”

Israel has portrayed Rafah as the last stronghold of the militant group, brushing off warnings from the United States and other allies that any major operation there would be catastrophic for civilians.

South Africa has asked the court to order Israel to withdraw from Rafah; to take measures to ensure unimpeded access for U.N. officials, humanitarian organizations and journalists to the Gaza Strip; and to report back within one week on how it is meeting these demands.

During hearings earlier this year, Israel strongly denied committing genocide in Gaza and said it does all it can to spare civilians and is only targeting Hamas militants. It says Hamas’ tactic of embedding in civilian areas makes it difficult to avoid civilian casualties.

In January, judges ordered Israel to do all it can to prevent death, destruction and any acts of genocide in Gaza, but the panel stopped short of ordering an end to the military offensive that has laid waste to the Palestinian enclave.

In a second order in March, the court said Israel must take measures to improve the humanitarian situation in Gaza, including opening more land crossings to allow food, water, fuel and other supplies to enter.

Most of Gaza’s population of 2.3 million people have been displaced since fighting began.

The war began with a Hamas attack on southern Israel on Oct. 7 in which Palestinian militants killed around 1,200 people and took about 250 hostages. Gaza’s Health Ministry says over 35,000 Palestinians have been killed in the war, without distinguishing between civilians and combatants in its count.

South Africa initiated proceedings in December 2023 and sees the legal campaign as rooted in issues central to its identity. Its governing party, the African National Congress, has long compared Israel’s policies in Gaza and the occupied West Bank to its own history under the apartheid regime of white minority rule, which restricted most Blacks to “homelands.” Apartheid ended in 1994.

On Sunday, Egypt announced it plans to join the case. The Ministry of Foreign Affairs said Israeli military actions “constitute a flagrant violation of international law, humanitarian law, and the Fourth Geneva Convention of 1949 regarding the protection of civilians during wartime.”

Several countries have also indicated they plan to intervene, but so far only Libya, Nicaragua and Colombia have filed formal requests to do so.

Displaced Palestinians arrive in central Gaza after fleeing from the southern Gaza city of Rafah in Deir al Balah, Gaza Strip, on May 09, 2024.
| Photo Credit: AP

The top U.N. court said it would hold hearings on May 16 and 17 over a request from South Africa to impose emergency orders on Israel to halt its Rafah offensive.

The International Court of Justice (ICJ) in The Hague will hear lawyers from South Africa on May 16, followed by Israel’s response the next day, it said in a statement.

Earlier this month, Pretoria petitioned the ICJ for so-called provisional measures over the incursion into Rafah, asking the court to order Israel to “immediately withdraw and cease its military offensive.”

It also requested the court to order Israel to take “all effective measures” to facilitate the “unimpeded” access of humanitarian aid into Gaza.

Nearly 4,50,000 Palestinians have been newly displaced from Rafah in recent days, and around 1,00,000 from northern Gaza, said U.N. agencies which warn that “no place is safe” in the territory.

The bloodiest ever Gaza war broke out after Hamas’s October 7 attack on Israel, which resulted in the deaths of more than 1,170 people, mostly civilians, according to an AFP tally of Israeli official figures.

Militants also seized about 250 hostages, 128 of whom Israel estimates remain in Gaza, including 36 the military says are dead.

Israel’s retaliatory offensive against Hamas has killed at least 35,173 people, mostly civilians, according to the Gaza Health Ministry.

The ICJ was set up to rule on disputes between states and while its judgements are legally binding, it has little means to enforce them.

For example, the court has ordered Russia to halt its invasion of Ukraine, to no avail.