Israel and South Africa presented their cases at the International Court of Justice (ICJ) on May 17, 2024, regarding Israel's military operations in Rafah, Gaza. South Africa made an urgent appeal for an order to halt Israeli offensive actions in Rafah. Israel argued that its efforts to provide humanitarian aid to Palestinian civilians contradict the allegations of cutting off Gaza from the outside world and humanitarian aid.
Israel's legal team provided a detailed account of their country's efforts, stating that 365 trucks of aid entered Gaza through Israel, including 330 trucks that went through Kerem Shalom crossing. Additionally, Israel opened three new land crossings into Gaza from Israeli territory and expanded capacity at existing crossings. The country spent $52 million on expanding infrastructure and road capacity to all crossings.
South Africa's accusations were dismissed by Israel as making a mockery of the genocide charge. Armed conflict is not synonymous with genocide, according to Israeli deputy attorney general Gilad Noam. Israel takes extraordinary measures to minimize harm to civilians in Gaza and has allowed fuel and medication into the region.
The ICJ opened two days of hearings on this matter, with a third round taking place on May 17. The court has already found that there is a real and imminent risk to the Palestinian people in Gaza due to Israel's military operations. However, it stopped short of ordering an end to the military offensive.
The war in Gaza began with a Hamas attack on southern Israel on October 7, 2023, resulting in around 1,200 deaths and about 250 hostages taken. More than 35,000 Palestinians have been killed since the fighting began.
South Africa initiated proceedings against Israel at the ICJ in December 2023 and sees this legal campaign as rooted in issues central to its identity. The African National Congress, South Africa's governing party, has long compared Israel's policies in Gaza and the occupied West Bank to its own history under apartheid regime.