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South Africa asks UN’s top court for urgent measures to prevent starvation in Gaza

The International Court of Justice has already issued emergency orders calling on Israel to do all it can to prevent genocide in the Gaza Strip.

(CN) — South Africa has again asked the United Nations' highest court to order Israel to halt hostilities in the Gaza Strip, claiming food shortages have reached “unspeakable” levels. 

In an update to the complaint over genocide brought before the International Court of Justice in December, South Africa said Israel was deliberately starving Gazans and asked The Hague-based court to expand on existing emergency measures to prevent further atrocities. 

“The Republic of South Africa is compelled to return to the court in light of the new facts and changes in the situation in Gaza — particularly the situation of widespread starvation — brought about by the continuing egregious breaches of the [Genocide] Convention,” the country wrote in a request filed Wednesday. 

More than a month ago, judges found there is a risk of genocide against the Palestinian people in the Gaza Strip and called on Israel to prevent any genocidal acts from occurring. The legally binding order did not go as far as calling on Israel to stop its military response to the Oct. 7, 2023, attacks by Hamas. 

South Africa launched proceedings at the court late last year, arguing Israel’s war with Hamas in the Gaza Strip has gone beyond self-defense and violates the 1948 Genocide Convention. 

During hearings in January, Israel’s legal team said the country’s military is doing everything it can to minimize civilian deaths as it tries to root out Hamas. The militant organization killed more than 1,000 people and kidnapped 200 others when fighters launched a cross-border attack last October.

Last month, the court urged Israel to adhere to the existing measures, describing the situation in Gaza as “perilous.” South Africa warned the court of worsening conditions for the two million people living in the territory. Some 30,000 Palestinians have been killed in the conflict. 

In its latest request, South Africa has asked the court to consider five measures, including an end to hostilities. Given the “extreme urgency” of the situation, Pretoria asks the judges to issue the order without holding hearings.

Any party to the post-WWII treaty can initiate a case at against another signatory under the convention. The West African country of Gambia launched a complaint against Myanmar in 2020, claiming the government was committing genocide against the Rohingya. Those proceedings are still ongoing.

Any order by the Court of Justice could have legal implications elsewhere. In the Netherlands, lawyers are currently appealing a decision to allow the export of fighter jet parts to Israel. The possibility that acts of genocide could be occurring in Gaza may influence future rulings. 

In November, South Africa also filed a referral to another court in The Hague, the International Criminal Court, claiming Israel was committing war crimes in Gaza. The court has already opened an investigation into the Palestinian territories. 

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