ICJ Rejects South Africa’s Request for Urgent Measures Against Israel

International Court of Justice judges examining South Africa’s case against Israel last January. (Reuters)
International Court of Justice judges examining South Africa’s case against Israel last January. (Reuters)
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ICJ Rejects South Africa’s Request for Urgent Measures Against Israel

International Court of Justice judges examining South Africa’s case against Israel last January. (Reuters)
International Court of Justice judges examining South Africa’s case against Israel last January. (Reuters)

The International Court of Justice (ICJ) on Friday rejected a South African request to impose urgent measures to safeguard Rafah in the Gaza Strip but also stressed that Israel must respect earlier measures imposed late last month.

Headquartered in The Hague, the ICJ issued its decision “on South Africa’s request for additional provisional measures.”

“The Court notes 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,” Arab World Press reported.

“This 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, including in Rafah, and does not demand the indication of additional provisional measures.”

The Court emphasizes that 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.”

In January, South Africa filed a case at the top UN court in The Hague, accusing Israel of committing genocide in its war on Gaza.

South Africa’s government said Tuesday it had lodged an "urgent request" with the UN’s ICJ to consider whether Israel’s military operations targeting the southern Gaza city of Rafah are a breach of provisional orders the court handed down last month in a case alleging genocide.

“Israel regrets that South Africa seeks once again to misuse the Court’s provisional measures procedure,” Israel said in its observations on South Africa’s request for additional measures. South Africa refers in its request to “a significant development in the situation in Gaza,” but there has been nothing of the sort, it added.



Israeli Demolitions Rip through Palestinian Area of Jerusalem

Palestinians from the Abu Diab family inspect the rubble of their house after it was demolished by Israeli forces - AFP
Palestinians from the Abu Diab family inspect the rubble of their house after it was demolished by Israeli forces - AFP
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Israeli Demolitions Rip through Palestinian Area of Jerusalem

Palestinians from the Abu Diab family inspect the rubble of their house after it was demolished by Israeli forces - AFP
Palestinians from the Abu Diab family inspect the rubble of their house after it was demolished by Israeli forces - AFP

Tired and sad, Palestinian activist Fakhri Abu Diab stood amid the rubble of his home in Israeli-annexed east Jerusalem, just a narrow valley away from the famed domes of the Old City.

In early November, bulldozers from the Israeli-controlled Jerusalem municipality tore down his house in the Silwan neighbourhood for a second time, citing unauthorised construction.

"They want to expel us from the area," said the 62-year-old, who has organized protests against the demolitions in Silwan's Al-Bustan area.

The destruction of homes built without permits -- which campaigners say are nearly impossible for Palestinians to obtain due to Israel's restrictive planning policy -- has roiled east Jerusalem and the rest of the occupied West Bank for years.
Abu Diab's house was among around 115 Palestinian residential properties marked for demolition by the Jerusalem municipality, which controls both the city's Jewish-majority western part and its Palestinian-majority east, occupied by Israel since 1967.

"They want to erase our presence and drive us out," Abu Diab told AFP.

"But we will stay in Al-Bustan, even in a tent or under a tree."

The municipality says it aims to address "illegal construction, allow the construction of proper infrastructure and new public buildings for the neighbourhood's residents", as well as to create green space.

But Israeli rights group Ir Amim said Israeli authorities often abuse the designation of areas in east Jerusalem as national parks or open spaces.

The group, fighting against demolitions, said the practice is "designed to suppress" Palestinian development "while enabling the seizure of their lands for Israeli interests".

- 'Wore me out' -

The status of Jerusalem remains one of the most contentious issues in the Israel-Palestinian conflict.

Israel conquered east Jerusalem, including the Old City, in the 1967 Arab-Israeli war, and swiftly annexed the area.

Silwan begins at the foot of the Old City walls where the Bible says the City of David was located, after the Israelite king conquered Jerusalem from the Jebusites.

Today, hundreds of Israeli settlers live among nearly 50,000 Palestinians in Silwan.

The settlers' homes are distinguished by Israeli flags flying from rooftops and windows as well as ubiquitous security cameras.

Meanwhile, Palestinians in east Jerusalem face a housing crisis, unable to build without permits amid a rapidly growing population.

Abu Diab's house was first demolished in February. He rebuilt it, but it was destroyed again in November.

"This time, they wore me out," he said, visibly exhausted.

"The original house was built in the 1950s. I was born, raised, married and raised my children here."

But now, Abu Diab said that "even my children had to rent outside Silwan."

Now, next to his flattened home, Abu Diab lives in a caravan, which is also under threat of demolition.

He and some of his neighbours rejected an offer from the municipality to relocate to another Palestinian neighbourhood in northern Jerusalem.

Near the ruins of Abu Diab's home, 42-year-old day labourer Omar al-Ruwaidi sat by a fire with his son, surrounded by the rubble of his own demolished home and those of four of his brothers.

"About 30 people, including 12 children, are now homeless," he said, his voice heavy with exhaustion.

"We've been battling this in court since 2004 and have spent tens of thousands (of Israeli shekels), but to no avail," said Ruwaidi.

Several families who received demolition orders declined to speak to AFP, citing a fear of retribution.

- 'Safe space' -

According to Ir Amim, demolitions in east Jerusalem have surged to unprecedented levels since the start of the Gaza war, which was sparked by a surprise Hamas attack on Israel on October 7, 2023.

Between January and November 2024, 154 homes were demolished across the area, the group said.

On November 13, bulldozers destroyed the Al-Bustan Association community centre, whose director said it served 1,500 Palestinian residents, mostly teenagers.

"The association provided various services to its members, including skill-building, capacity enhancement as well as sports and cultural training," said director Qutaiba Ouda.

"It was a safe haven and a cultural lifeline in a neighbourhood with no community centres."

Ouda lamented the loss, saying that the Israeli authorities did not just destroy a building, but "our memories, dreams and hard work".

Following the demolition, France, which had supported activities at the association, demanded an explanation from Israel.

Kinda Baraka, 15, was among those who frequented the association.

"It was our safe space," she said.

"When it was destroyed, I cried a lot. It felt like they could come and demolish my home next."

Baraka said she believed the demolitions aimed to push out Palestinians in favour of settlers.

Ruwaidi echoed those fears, but remained defiant.

"We will not leave Silwan. Outside Silwan, we cannot breathe," he said.