World court reserves decision on South Africa’s plea against Israel’s Gaza assault
The court’s decision will have significant implications for international law, humanitarian intervention, and the ongoing war in Gaza
Muslim Network TV Desk
THE HAGUE, Netherlands – The International Court of Justice (ICJ) on Friday reserved its decision after a two-day hearing on South Africa’s petition demanding that Israel cease its ground invasion of Gaza’s Rafah city.
During the session, a woman from the public gallery shouted “Liars!” at the Israeli legal team, highlighting the charged atmosphere surrounding the case.
The court posed a critical question to Israel regarding the humanitarian conditions in Gaza’s evacuation zones. Judge Georg Nolte inquired about the safety and aid provisions in these zones, particularly in al-Mawasi. Israel was asked to submit a written response by Saturday, while South Africa was given until Monday to file counter to Israeli arguments in written form.
South African Ambassador Vusimuzi Madonsela passionately argued that South Africa returned to the court to halt what he described as a “genocide” that had nearly erased Gaza from the map and shocked the conscience of humanity.
Various legal experts from South Africa presented their case, arguing that Israel’s actions in Rafah were part of a broader genocidal campaign.
Arguments from South Africa included:
Killings: Since January, over 11,500 Palestinians, mostly women and children, have been killed by Israeli forces.
Humanitarian Catastrophe: Israel has coordinated a humanitarian crisis by blocking food and aid while preventing the sick and injured from leaving Gaza.
Crippling of Gaza’s Medical System: The offensive has led to the shutdown of most health facilities.
Mass Graves: Targeted attacks on hospitals have turned them into mass graves.
Attacks in Gaza’s North: Areas previously declared cleared by Israel are still being assaulted, displacing over 100,000 people.
Israel’s Deputy Attorney General for International Law, Gilad Noam, argued that South Africa’s accusations were divorced from facts and circumstances, making a mockery of the grave charge of genocide.
He expressed frustration over the short notice given to prepare for the hearing, stating that it undermined the quality of Israel’s representation.
He said Israel is engaged in a war it did not want and is defending its nation and citizens.
Rafah is a stronghold for Palestinian resistance operatives, with an intricate system of tunnels used for smuggling weapons and operatives.
Noam raised the issue of right to defense, saying it is inherent and Israel has worked diligently to protect civilians. South Africa has an ulterior motive, seeking a military advantage for Palestinian resistance.
Tamar Kaplan Tourgeman, principal deputy legal adviser of the Israeli Ministry of Foreign Affairs, argued that Israel has not shut down Gaza’s main crossings and continues to facilitate the flow of humanitarian aid. They accused South Africa of distorting facts to show genocidal intent.
While Israel presented its case, reports from Gaza contradicted its claims. UN officials confirmed that no aid was coming through the Rafah and Kerem Shalom crossings, and relentless bombardments continued in Gaza.
“South Africa would do well to tell its ally Palestine resistance organisation to stop exploiting hospitals and other protected sites as military command centres,” she said.
At the al-Shifa Hospital in Gaza City, the Israeli military took “proactive steps” to ensure continued medical care to the patients hospitalised there. “No medical staff or patients were harmed during the operation,” she said.
Marc Owen Jones, an associate professor of Middle East studies, criticized Israel’s use of the ICJ hearing to disseminate dishonest talking points. He believed South Africa’s case was strong enough for the court to issue additional provisional measures given the worsening humanitarian conditions in Gaza.
The court’s decision will have significant implications for international law, humanitarian intervention, and the ongoing war in Gaza.
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