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South Africa urges UN's top court to order cease-fire in Gaza to shield citizens in Rafah

THE HAGUE, Netherlands (AP) 鈥 South Africa urged the United Nations鈥 top court on Thursday to order a cease-fire in Gaza during hearings over emergency measures to halt Israel鈥檚 military operation in the enclave鈥檚 southern city of Rafah.
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Israel's agent Gilad Naom, front third right, and Tamar Kaplan Tourgeman, front center, wait for the start of hearings at the International Court of Justice, in The Hague, Netherlands, Thursday, May 16, 2024. The U.N.'s top court opened two days of hearings in a case brought by South Africa to see whether Israel needs to take additional measures to alleviate the suffering in war-ravaged Gaza. (AP Photo/Peter Dejong)

THE HAGUE, Netherlands (AP) 鈥 South Africa urged the United Nations鈥 top court on Thursday to order a cease-fire in Gaza during hearings over emergency measures to halt Israel鈥檚 military operation in the enclave鈥檚 southern city of Rafah.

It was the third time the International Court of Justice held hearings on the since South Africa filed proceedings in December at the court, based in The Hague in the Netherlands, accusing Israel of genocide.

The country鈥檚 ambassador to the Netherlands, Vusimuzi Madonsela, urged the panel of 15 international judges to order Israel to 鈥渢otally and unconditionally withdraw鈥 from the Gaza Strip.

that there is a 鈥渞eal and imminent risk鈥 to the Palestinian people in Gaza by Israel鈥檚 military operations. 鈥淭his may well be the last chance for the court to act,鈥 said Irish lawyer Blinne N铆 Ghr谩laigh, who is part of South Africa鈥檚 legal team.

Judges at the court have broad powers to order a cease-fire and other measures, although the court does not have its own enforcement apparatus. A by the court demanding that Russia halt its full-scale invasion of Ukraine has so far gone unheeded.

During hearings earlier this year, committing genocide in Gaza, saying it does all it can to spare civilians and is only targeting Hamas militants. The country says Rafah is the last stronghold of the militant group.

The latest request focuses on the incursion into Rafah.

South Africa argues that the military operation has far surpassed justified self-defense. 鈥淚srael鈥檚 actions in Rafah are part of the end game. This is the last step in the destruction of Gaza,鈥 lawyer Vaughan Lowe said.

, the previous preliminary orders by The Hague-based court were not sufficient to address 鈥渁 brutal military attack on the sole remaining refuge for the people of Gaza.鈥 Israel will be allowed to answer the accusations on Friday.

In January, judges ordered Israel to do all it can to prevent death, destruction and any in Gaza, but the panel stopped short of ordering an end to the military offensive that has laid waste to the Palestinian enclave. In a second order in March, the court said Israel must take measures to improve the humanitarian situation.

South Africa has to date submitted four requests for the international court to investigate Israel. It was granted a hearing three times.

Most of Gaza鈥檚 population of 2.3 million people have been displaced since fighting began.

The war began with a Hamas attack on southern Israel on Oct. 7 in which Palestinian militants killed around 1,200 people and took about 250 hostages. Gaza鈥檚 Health Ministry says over 35,000 Palestinians have been killed in the war, without distinguishing between civilians and combatants in its count.

in December 2023 and sees the legal campaign as rooted in issues . Its governing party, the African National Congress, has long compared Israel鈥檚 policies in Gaza and the occupied West Bank to its own history under the apartheid regime of white minority rule, which restricted most Blacks to 鈥渉omelands.鈥 Apartheid ended in 1994.

On Sunday, Egypt announced it plans to join the case. The Ministry of Foreign Affairs said Israeli military actions 鈥渃onstitute a flagrant violation of international law, humanitarian law, and the Fourth Geneva Convention of 1949 regarding the protection of civilians during wartime.鈥

Several countries have also indicated they plan to intervene, but so far only Libya, Nicaragua and Colombia have filed formal requests to do so.

Molly Quell, The Associated Press

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