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South Africa Urges ICJ Action as Israeli War Cabinet Expands Rafah Assault [1]

['Brett Wilkins', 'Brett Wilkins Is A Staff Writer For Common Dreams.']

Date: 2024-05-11 00:13:18+00:00

As Israel's War Cabinet voted Friday to expand the invasion of Rafah, South Africa filed an urgent request for the International Court of Justice to order Israel to stop its assault on Gaza's southernmost city, citing violations of the Genocide Convention and "particularly severe" risks to the 1.5 million displaced Palestinians and residents sheltering there.

"The situation brought about by the Israeli assault on Rafah, and the extreme risk it poses to humanitarian supplies and basic services into Gaza, to the survival of the Palestinian medical system, and to the very survival of Palestinians in Gaza as a group, is not only an escalation of the prevailing situation, but gives rise to new facts that are causing irreparable harm to the rights of the Palestinian people in Gaza," South Africa's request states.

"This amounts to a change in the situation in Gaza since the court's order of March 28, 2024," the filing continues, referring to the ICJ's directive for Israel to stop blocking desperately needed humanitarian from entering the embattled enclave.

The March 28 directive also reiterated the court's earlier preliminary ruling that found Israel is "plausibly" committing genocide in Gaza and ordered the Israeli government to "take all measures within its power" to uphold its obligations under Article II of the Genocide Convention.

The treaty—to which Israel is a party—defines the crime of genocide in part as "killing members of a group" and "deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part," which South Africa's request says Israeli forces are doing in Rafah.

The new filing argues three main points:

Rafah is now effectively the last refuge in Gaza for 1.5 million Palestinians from Rafah and those displaced by Israeli action, and the last viable center in Gaza for habitation, public administration, and the provision of basic public services, including medical care;

By seizing control of the Rafah and Kerem Shalom (Karem Abu Salem) crossings, Israel is now in direct, total control of all entry and exit to Gaza, has cut it off from all humanitarian and medical supplies, goods, and fuel on which the survival of the population of Gaza depends, and is preventing medical evacuations; and

The remaining population and medical facilities are at extreme risk, given the recent evidence of evacuation zones being treated as extermination zones, the mass destruction and mass graves at Gaza's other hospitals, and the use by Israel of artificial intelligence (AI) to identify "kill lists."

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[1] Url: https://www.commondreams.org/news/icj-rafah

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