Israel accuses South Africa of abusing ICJ's jurisdiction

Tel Aviv demands that court reject South Africa's requests for additional measures due to plans by Israeli army to attack Rafah

By Selman Aksunger

THE HAGUE (AA) - Israel accused South Africa on Thursday of abusing the International Criminal Court's jurisdiction by requesting new measures due to plans by the Israeli army to expand its ground assault into the city of Rafah in southern Gaza, where roughly 1.4 million Palestinians have sought refuge.

Israel said South Africa's request is "peculiar" and "improper" instead of addressing the issue of the planned attack.

Tel Aviv said the case brought against it by South Africa for violating the Genocide Convention is “wholly unfounded in fact and law," "morally repugnant" and represents "an abuse of both the Genocide Convention and the Court itself."

In its statements, Israel, claiming to adhere to international law in its attacks in Gaza, argued that the court had already ruled on certain measures recently and that there had been no significant changes in Gaza necessitating new measures.

Israel accused South Africa of not adequately informing the court about the Palestinian group Hamas's actions and further accused it of using the precautionary measure mechanism not as a protective "shield" but as a "sword" against Israel.

It said the court lacks the jurisdiction to manage minor armed conflicts in Gaza and accused South Africa of attempting to undermine Israel's right to self-defense and manipulate the court, citing its longstanding alliance with Hamas.

Israel also demanded that the court reject South Africa's request for additional measures.

South Africa on Monday asked the ICJ to urgently assess Israel's intentions in expanding its military presence in Rafah, Gaza's southernmost city, urging the court to consider whether it should use its power to prevent further breaches of Palestinians rights.

Israel has pounded the Gaza Strip since an Oct. 7 attack by Hamas. The ensuing Israeli attack has killed at least 28,663 and caused mass destruction and shortages of necessities.

Nearly 1,200 Israelis are believed to have been killed in the Hamas attack.

The Israeli war on Gaza has pushed 85% of the territory's population into internal displacement amid acute shortages of food, clean water and medicine, while 60% of the enclave's infrastructure has been damaged or destroyed, according to the UN.

Israel stands accused of genocide at the International Court of Justice, which in an interim ruling in January ordered Tel Aviv to stop genocidal acts and take measures to guarantee that humanitarian assistance is provided to civilians in Gaza.


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