On Monday, the South African government put forward an urgent request to the International Court of Justice (ICJ) regarding Israel’s military campaign in Rafah, south of the Gaza Strip. In a statement the following day, South Africa said it is asking the ICJ to determine whether Israel’s extended operations in Rafah warrant the court to use its powers to prevent “further imminent breach” of human rights in Gaza.
Rafah is the area where Palestinians were told to evacuate for their safety after Israel’s initial ground invasion. The city is 64 square kilometres and is now host to approximately 1.5 million displaced people.
According to Article 75(1) of the Rules of Court, “The Court may at any time decide to examine proprio motu whether the circumstances of the case require the indication of provisional measures which ought to be taken or complied with by any or all of the parties.”
When the circumstances on the ground change, a party can apply for provisional measures. The Court has the power to determine if other provisional measures should be implemented and check compliance regarding previous measures.
Proprio motu stipulates that alterations to provisional measures orders can be instigated by the Court itself. If the request for provisional measures is rejected, a party can make a “fresh request in the same case based on new facts.”
Germany v. United States of America or the 1999 LaGrand case, is the only precedent where proprio motu was invoked. As such, South Africa’s move to compel an additional response from the ICJ is notable as it signals its commitment to securing compliance with previous orders, as well as the prospect of a new order, which if granted, all parties must follow.
The South African government has emphasised its disapproval of the Rafah offensive and cited the increased “large-scale killing, harm and destruction” as cause for grave concerns. They also stated that such actions would be deemed a “serious and irreparable breach both of the Genocide Convention” and of the ICJ’s Order made on January 26, 2024.
In its concluding sentence, South Africa reiterated its trust in the court to take the matter seriously and the urgency of the request as the death toll in Gaza continues to rise.
The ICJ has acknowledged that it has received South Africa’s request via X (formerly known as Twitter).
Honi also contacted USyd’s Ethnocultural officers for comment:
“The Autonomous Collective Against Racism (ACAR) acknowledges the fatal flaws of international law, such as its routine abuse in justifying an imperialist world order, however, at a time when Israel threatens to expand its ground assault into Rafah and magnify the genocide of Palestinians, the ICJ must issue emergency measures, as it has in the past, calling for an end to the genocide and Israel’s flagrant violations of international law.”