South Africa welcomes ICJ injunction on protection of civilians in Rafah, Gaza

The Republic of South Africa welcomes the International Court of Justice decision on the recent Article 75 application.

The court affirms our view that the perilous situation demands immediate and effective implementation of the provisional measures indicated by the Court in its Order of 26 January 2024, which are applicable throughout the Gaza Strip, and has clarified that this includes Rafah.

The court decision has noted the "that the most recent developments in the Gaza Strip, and in Rafah in particular, “would exponentially increase what is already a humanitarian nightmare with untold regional consequences”, as stated by the United Nations Secretary-General (Remarks to the General Assembly on priorities for 2024 (7 February 2024).

The court has accepted: 

1. That Israel's planned incursions in Rafah would render what is already a humanitarian disaster even more perilous. 

2. The situation requires compliance with the existing provisional measures.

3. Compliance with the existing provisional measures requires the protection of civilians in Gaza including Rafah.

The court has unequivocally explained that compliance with the existing provisional measures requires Israel to ensure the safety and security of all Palestinians in the Gaza Strip.

Any decision by Israel to engage in military activities against Palestinians in the current circumstances is a violation of the order of the International Court of Justice.

The Court states in terms: “The Court emphasises that the State of Israel remains bound to fully comply with its obligations under the Genocide Convention and with the said Order, including by ensuring the safety and security of the Palestinians in the Gaza Strip.”

South Africa will continue to use existing channels such as the United Nations Security Council to ensure full and effective implementation of the existing provisional measures.

Media enquiries: Vincent Magwenya, Spokesperson to the President - media@enquires.gov.za 

Issued by: The Presidency
Pretoria