Gaza: South Africa must urgently return to the International Court of Justice
T he genocide in Gaza is continuing at an unprecedented rate, with Israel breaking the “ceasefire” and intensifying its attacks on the Gaza Strip.
For the past three weeks, Israel has enforced a total blockade on Gaza, cutting off all food, water, medical supplies and humanitarian aid, accompanied by the worst bombardments witnessed in nearly 18 months.
More than 1000 Palestinians have been killed, bringing the death toll in Gaza alone to more than 50,500 — with Israeli Prime Minister Benjamin Netanyahu threatening that “this is just the beginning”.
As humanitarian needs soar, the Israeli military has resumed its practice of mass forced displacement. Since 18 March, unlawful evacuation orders and “no-go zones” Israel has created and expanded along Gaza’s perimeter and in the central area have spread to cover two-thirds of the Gaza Strip.
In three days, more than 100,000 Palestinians were displaced from Rafah alone. The number of children killed on 18 March 2025 marked one of the largest single-day death tolls in the past year, with 180 children killed.
South Africa has laudably expended significant political and diplomatic capital in its active support of Palestinian rights, its global leadership in seeking to halt the genocide evident in building coalitions to uphold and enforce international law and in having taken the case against Israel at the International Court of Justice.
The court has issued three sets of provisional measures orders demanding Israel cease its genocidal conduct in Gaza and prosecute those responsible.
Since the last order, the court has issued an advisory opinion confirming that Israel’s occupation is inherently unlawful, recognising its presence in Palestine as a violation of the prohibition on racial segregation and apartheid, conclusions subsequently endorsed by the United Nations General Assembly.
Israel has, regardless, persisted in its violations. Palestinians in Gaza must now face the deadly consequences of the United Nations secretary general’s decision to remove all UN staff from Gaza, after Israel’s lethal attacks. Such UN moves have historically foreshadowed the completion of similar genocidal campaigns in Srebrenica and Rwanda. Gaza is now entering its darkest hour.
At the same time, Israel has adopted legislation banning the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) — the largest distributor of aid in Gaza — from operating in Gaza, the West Bank and East Jerusalem.
The agency, which is the backbone of the humanitarian response in Gaza, is now at the brink. Israel has further legislated to prevent the operations across occupied Palestine of any humanitarian organisation whose staff have supported or endorsed acts considered hostile to Israel, in practice punishing anyone who advocates for basic human rights and dignity. Israel is eradicating all potential lifelines for Palestinians.
The framework of international law is being rapidly dismantled. The capacity and ability of the UN to meet its mandate in support of Palestinians subjected to an unlawful occupation is faltering. We must ensure that all avenues available by which to attempt to halt genocide are used. The International Court of Justice must be petitioned to issue further provisional measures in accordance with its statute.
Some 211 members from South African organisations, the Palestinian Human Rights Organisations Council and the Palestinian Non-Governmental Organisations Network have asked that South Africa request that the court now indicate further provisional measures, which include ordering that Israel immediately cease its military operations in the Gaza Strip and the West Bank; that Israel facilitate the unimpeded access to Gaza of UN and other officials providing humanitarian aid; the unimpeded entry of reconstruction materials and equipment; the withdrawal of discriminatory legislation against UNRWA, international aid organisations, media and human rights organisations; and that Israel releases all detainees from Gaza and facilitates their immediate return to Gaza.
These constitute urgent, and minimum, requirements. South Africa’s solidarity has been crucial to keeping hope alive in Palestine, and is uniquely positioned to act at the ICJ in defence of the Palestinian people in Gaza.
Raji Sourani is a human rights lawyer and the general director of the Palestinian Centre for Human Rights; Issam Younis is the general director of the Al Mezan Center for Human Rights; and Shawan Jabarin is the general director of Al-Haq.
Tags: Benjamin Netanyahu, deaths, Displacement, GAZA, Genocide, Humanitarian Aid, International Court Of Justice, Israel, Palestine, Palestinians, South Africa, thought leader, West Bank
