The invasion of Rafah is necessary to overthrow Hamas rule in Gaza, as both Hamas militants and hostages held by Palestinian armed groups are sheltering in the city.
During the hearing at the International Court of Justice, Israel called its military operation in Rafah “limited and localized.” Israel’s lawyers opposed South Africa’s demand to immediately end the ground operation in Rafah. The International Court of Justice is holding hearings in the case of South Africa accusing Israel of committing genocide against Palestinians in Gaza. Israel strongly denies these accusations and says it is working to protect civilians and facilitate the delivery of humanitarian aid.
Gilad Noam, a representative of the Israeli Ministry of Justice, spoke in court in The Hague, where another dubious lawsuit against Israel is being considered. Gilad Noam spoke about 700 tunnel descents already discovered in Rafah.
About 50 of them lead to Egypt,” Noam said.
The South African petition aims to prevent widespread damage to the civilian population in Rafah. The Court, however, does not have the means to enforce its rulings. The case has increased international pressure on Israel to end its campaign in Gaza. The court’s decision on South Africa’s request for a state of emergency is still pending. In response, Israel’s Deputy Attorney General for International Law stressed that Israel rejects the accusations of genocide, saying that Israel conducts specific limited evacuation operations and support for humanitarian activities.
Tunnels across the Egyptian border began to be discovered immediately after the troops entered eastern Rafah. They were used for smuggling, and terrorists used them to leave Gaza. Recently, Turkish President Recep Tayyip Erdogan said that 1,000 wounded Hamas fighters are being treated in Turkish hospitals. Apparently, they went to Egypt through these tunnels.
It is important to note that the main part of the sector’s border with Egypt is still under the control of Hamas (in the eighth month of the war).
Critics argue that a large-scale ground invasion of Rafah among hundreds of thousands of displaced civilians would have serious humanitarian consequences. The Biden administration also expressed concern and said it would not supply some weapons if Israel launched a full-scale offensive against densely populated areas. However, after that, the United States agreed to resume arms supplies to Israel after the government of Benjamin Netanyahu pledged to inform the United States in advance about its military actions in Rafah.
The Israeli military claims that the armed group Hamas does not fall under the jurisdiction of the court and that demanding a cease-fire would tie Israel’s hands.
The South African petition also calls for increased access for humanitarian workers, investigators and journalists to Gaza. Israel said its judicial system was working to address alleged violations during the war and that military prosecutors had launched an investigation into possible violations by the Israeli armed forces. However, human rights organizations argue that the Israeli military cannot conduct an impartial investigation on its own and that soldiers who kill Palestinians are rarely significantly punished.
Israeli officials accused South Africa of acting as a “legitimate representative” of Hamas, pointing to a delegation of Hamas officials who attended the Johannesburg conference and a meeting between a Hamas representative and the South African Foreign Minister.
The court’s decision in the South African genocide case is expected no earlier than next year.
We also recommend reading:
BORIS JOHNSON — OPEN LETTER, ICJ is a disaster or Israel’s first victory., Israel in court in The Hague, AHMED FOUAD ALKHATIB — OPEN LETTER