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.

Israeli officials on April 29 appeared to be increasingly concerned that the International Criminal Court may issue arrest warrants against the country’s leaders, as international pressure mounts over its war with Hamas in the Gaza Strip.

Meanwhile, Israeli airstrikes on the southern Gaza city of Rafah overnight and into Monday killed at least 22 people, including six women and five children, one of whom was just 5 days old, according to hospital records and an Associated Press reporter.

The ICC launched a probe three years ago into possible war crimes committed by Israel and Palestinian militants going back to the 2014 Israel-Hamas war, but it has given no indication such warrants are imminent. There was no comment from the court on April 29.

Israel’s Foreign Ministry, on April 28, said that it had informed Israeli missions of “rumours” that warrants might be issued against senior political and military officials. It was not clear what sparked the Israeli concerns. “We expect the court to prevent the issuance of arrest warrants against senior Israeli officials,” Foreign Minister Israel Katz said, adding that such warrants would “provide a morale boost” to Hamas and other militant groups.

A series of Israeli announcements in recent days about allowing more humanitarian aid into Gaza meanwhile appears to be aimed in part at heading off possible ICC action.

Netanyahu lashes out against ICC

Prime Minister Benjamin Netanyahu, on April 26, said that Israel “will never accept any attempt by the ICC to undermine its inherent right of self-defence.”

“The threat to seize the soldiers and officials of the Middle East’s only democracy and the world’s only Jewish state is outrageous. We will not bow to it,” he posted on X, formerly known as Twitter. It was not clear what prompted the post.

The ICC investigation covers allegations going back to the 2014 war in Gaza as well as Israel’s construction of Jewish settlements in occupied territory that the Palestinians want for a future state.

ICC prosecutor Karim Khan said during a visit to the region in December that the investigation is “moving forward at pace, with rigour, with determination and with an insistence that we act not on emotion but on solid evidence.”

Neither Israel nor its close ally the United States accept the ICC’s jurisdiction, but any warrants could put Israeli officials at risk of arrest in other countries. They would also serve as a major rebuke of Israel’s actions.

The International Court of Justice, a separate body, is investigating whether Israel has committed acts of genocide in the ongoing war in Gaza, with any ruling expected to take years. Israel has rejected allegations of wrongdoing and accused both international courts of bias.

Israel’s massive offensive in Palestine

Israel has instead accused Hamas of genocide over its Oct. 7 attack that triggered the war. Militants stormed through army bases and farming communities across southern Israel, killing some 1,200 people, mostly civilians, and taking around 250 hostages.

In response, Israel launched a massive air, sea and ground offensive that has killed over 34,000 Palestinians, mostly women and children, according to Gaza’s Health Ministry, which does not distinguish between civilians and combatants in its tally.

Israel blames the high civilian death toll on Hamas because the militants fight in dense, residential areas. The military says it has killed over 12,000 militants, without providing evidence.

The war has driven around 80% of Gaza’s population of 2.3 million from their homes, caused vast destruction in several towns and cities, and pushed northern Gaza to the brink of famine.

Israel has vowed to expand its ground offensive to the southern Gaza city of Rafah, where over 1 million Palestinians have sought shelter from fighting elsewhere. Israel says Rafah is the last Hamas stronghold, with thousands of fighters embedded there.

Biden talks to Netanyahu

U.S. President Joe Biden’s administration, which has provided crucial military and political support for the offensive, has urged Israel not to invade Rafah over fears it could cause a humanitarian catastrophe, concerns he reiterated in a phone call with Mr. Netanyahu on April 28. Secretary of State Antony Blinken is expected to visit Israel on his latest visit to the region, which began in Saudi Arabia on Monday.

The U.S., Egypt and Qatar are meanwhile pushing Israel and Hamas to accept an agreement they drafted that would free some of the hostages and bring about at least a temporary cease-fire. Hamas is still believed to be holding around 100 hostages and the remains of some 30 others after most of the rest were freed in exchange for the release of Palestinian prisoners last year.

Hamas has said it will not release the remaining hostages without an agreement to end the war. Netanyahu has rejected that demand, saying Israel will continue its offensive until Hamas is destroyed and all the hostages are returned.