Dailymaverick logo

World

World, Maverick News

South Africa asks ICJ to urgently act to prevent ‘full-scale famine’ in Gaza

South Africa asks ICJ to urgently act to prevent ‘full-scale famine’ in Gaza
President Joan E Donoghue and other judges during the hearing by the International Court of Justice in The Hague, The Netherlands, on 26 January 2024. (Photo: EPA-EFE / Remko de Waal)
South Africa has again approached the International Court of Justice, with an urgent plea to issue additional emergency measures and modifications to its earlier order against Israel. It says it may be ‘the last opportunity’ the court has to save Palestinians in Gaza from famine.

South Africa has made an urgent appeal to the International Court of Justice (ICJ) for the indication of additional provisional measures and the alteration of the court’s order on 26 January, calling on the ICJ to act again now, “before it is too late — to do what is within its power to save Palestinians in Gaza from genocidal starvation”.

south africa icj urgent gaza People in front of the Peace Palace ahead of a ruling by the International Court of Justice South Africa’s request for emergency measures for Gaza, in The Hague, Netherlands, on 26 January 2024. (Photo: EPA-EFE / Remko de Waal)



In its request, filed on Wednesday, South Africa said it feared that 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”.

South Africa reminded the ICJ that it had declined to issue additional measures in the Bosnian Genocide case and, within two years, more than 7,000 Bosnians “in the so-called safe area of Srebrenica had been slaughtered, in what this court retrospectively determined to have been a genocide”.

It said that the new facts and changes in the situation in Gaza — particularly that of widespread starvation — demanded additional and strengthened provisional measures to the ICJ order of 26 January, adding that Israel had shown contempt for the court and its order.

Read more in Daily Maverick: Middle East crisis news hub

“The demand could not be starker, having regard to the magnitude and gravity of the situation facing the Palestinian people in Gaza. Israel has knowingly and deliberately continued to act in defiance of the order.

“In sum, Israel has not changed its conduct materially or at all pursuant to the order — it has instead doubled down on its genocidal aims and acts,” read the application.

Among the modifications sought by South Africa is that, “All participants in the conflict must ensure that all fighting and hostilities come to an immediate halt, and that all hostages and detainees are released immediately.”  

south africa ugent icj President Joan E Donoghue and other judges during the hearing by the International Court of Justice in The Hague, The Netherlands, on 26 January 2024. (Photo: EPA-EFE / Remko de Waal)



South Africa also wants the ICJ to order Israel to prevent famine in Gaza by “immediately suspending its military operations in Gaza … lifting its blockade of Gaza [and] … ensuring the provision of adequate and sufficient food, water, fuel, shelter … medical supplies and support.”

It urged the court to do so without holding a hearing, “given the extreme urgency of the situation”.

On 26 January, South Africa persuaded the ICJ that there was a plausible case of genocide committed by Israel against the Palestinians in Gaza.

The court ordered Israel to prevent genocide, to prevent and punish incitement to genocide and to increase humanitarian aid flowing into Gaza. But it stopped short of ordering Israel to implement a ceasefire in Gaza, which was the maximum provisional measure South Africa had called for.

It also called on Hamas to release the remaining hostages whom it captured in its attack on Israel on 7 October.

Read more in Daily Maverick: No ceasefire, but SA wins substantive rights measures in the Gaza genocide case

South Africa subsequently made an urgent request to the ICJ on 13 February for additional measures to be taken by Israel to prevent harm to civilians during its assault on the southern Gaza city of Rafah. However, the court declined South Africa’s application, saying Israel remained bound by the court’s order of 26 January. 

South Africa’s latest application noted that more than 30,600 Palestinians had been killed and more than 72,000 wounded in Israel’s ongoing assault on the Gaza Strip.

Last week, the United Nations (UN) warned that one in four people in Gaza were “one step away” from experiencing famine, a situation that it said would deteriorate without the increased flow of aid into the enclave.

On Wednesday evening, South African Presidency spokesperson Vincent Magwenya said, “South Africa has no choice but to approach the court to strengthen the provisional measures in place to try and prevent full-scale famine in the Gaza Strip.

“The world has an obligation to do whatever can be done immediately to stop further suffering and loss of life. The threat of all-out famine has now materialised. The court needs to act now to stop the imminent tragedy by immediately and effectively ensuring that the rights it has found are threatened under the Genocide Convention are protected. The people of Gaza cannot wait.” DM