South Africa plans to ask the International Court of Justice to issue an urgent order to stop Israel’s attack on Rafah

South Africa plans to ask the highest UN court on Thursday to order an immediate halt to Israel’s offensive on Rafah, calling it a genocide that threatens Palestinian lives.

The court will hear senior lawyers representing Pretoria for two days at the Peace Palace, the seat of the International Court of Justice, where they will demand that judges order a ceasefire across Gaza.

On Friday, Israel offers its response; Israel has previously affirmed its unwavering commitment to upholding international law and has called South Africa’s case completely baseless and morally repugnant.

In January, the International Court of Justice ordered Israel to do everything in its power to prevent genocide and enable humanitarian access to Gaza.

But the court stopped short of ordering a ceasefire, and South Africa now argues that the situation on the ground, particularly in Rafah, requires new action by the International Court of Justice.

“As conclusive evidence shows, the way Israel conducts its military operations in Rafah and elsewhere in Gaza is in itself genocide… Israel should be ordered to stop,” South Africa said in its report.

The orders of the International Court of Justice that hear disputes between States are legally binding, but they have no means to implement them.

The court ordered Russia to halt its invasion of Ukraine, but the ruling had no effect.

South Africa is calling on the International Court of Justice to issue three emergency orders or provisional measures as the court continues to consider the broader accusation that Israel violates the Genocide Convention.

First, South Africa wants the court to order Israel to “immediately withdraw and cease its military offensive in Rafah”.

Second, Israel must take “all effective measures” to allow humanitarian workers, journalists, and investigators unhindered access to Gaza.

Finally, Pretoria requests the Court to ensure that Israel reports on the actions it takes to comply with the orders.