Key Summary
- South Africa urges UN scrutiny of Israel’s actions in Rafah amid genocide allegations.
- Israel’s targeting of Rafah intensifies concerns over civilian casualties and infrastructure damage.
- Conflict rooted in historical, religious, and geopolitical factors escalates tensions in Gaza.
- Urgent need for international accountability and justice to address human rights violations.
- United Nations must conduct impartial investigations and promote diplomatic dialogue for peace.
Earlier this week on Tuesday, February 13th, South Africa presented an additional plea to the United Nations to scrutinize Israel’s recent plans to advance Rafah, a Palestinian city within Gaza’s Southern Strip, as part of its initial and ongoing genocide case. South Africa views this as an urgent request due to its belief that Rafah serves as “the last refuge for surviving people in Gaza”. The allegations of genocide proposed by South Africa with the support of other nations against Israel have sparked considerate debate and widespread condemnation, raising concerns regarding the protection of innocent civilian lives, the disproportionality of the conflict, as well as the role existing international institutions such as the ICJ, the ICC, and the U.N has to play in exerting justice and accountability within Israel’s government.
The core of this new plea is rooted in the accusation that the targeting of the Southern city of Rafah, has grossly intensified concerns about both the actions conducted by the Israeli military and their catastrophic impacts on Palestinian’s uninvolved civilian populations. Legal questions and humanitarian examinations have all pointed to the indiscriminate use of force, disproportionate attacks using drones and bombs, and the alleged deliberate targeting of civilian communities and infrastructure as the main factors driving South Africa’s call for action. Rafah epitomizes the general pattern of violence and socio-cultural oppression that has characterized the Israeli-Palestinian conflict since the mid-20th century, continuously leading to politically motivated suffering and loss of life in uncomfortable numbers.
Tensions between Israel and Palestine can be recognized as one of the most contentious and enduring regional disputes in the modern era, deeply rooted in complex religious, historical, cultural, and geopolitical factors. Since Israel’s official establishment in 1948, Palestinians have sustained decade-long occupations, mass displacement, systematic discrimination, among other forms of prejudice that have consequently resulted in ceaseless tensions and decade-long grievances. The focal point of the recent conflict lies in the Gaza Strip, the largest but densely populated enclave previously home to a population of 590,481 in 2017. The city has been evaluated to be under heavy Israeli blockade since 2007, and is the capital hotspot where frequent outbreaks of violence and humanitarian crises occur.
Since the infamous Hamas attack against Israel on October 7 2023, Israeli military operations in Gaza, backed by its closest Western allies including the United States and the United Kingdom, have led to organized airstrikes and ground incursions that eventually resulted in significant civilian casualties and widespread destruction of homes and infrastructure. The latest targeting of the Southern City of Rafah which lies opposite the Egyptian border, stresses the vulnerability that lies within the Palestinian communities living under blockade and land occupation. Despite that, it is the reported evidence of civilian deaths, predominantly women and children, as well as the destruction of family homes and vital facilities that have sparked global outrage and calls for accountability from both regional and non-regional states.
The targeting of Rafah among other cities located within disputed Palestinian territory heightens profound legal, moral, and political implications. From a humanitarian standpoint, large destruction and an ongoing humanitarian crisis have exacerbated the suffering of the vulnerable and condensed populations within Gaza. What Palestine and other supporting nations view as the deliberate targeting of civilian areas violates the fundamental principles of international humanitarian law, which entails prohibiting disproportionate attacks, particularly in known civilian areas. It also contains the duty to protect civilian lives by restricting the means of warfare, specifically on particular weapons and methods of warfare such as military tactics on various locations.
Furthermore, the failure of international nations and institutions to hold Israel accountable for its continuous actions and violations will certainly undermine the credibility and effectiveness of the globally recognized international legal framework. Consequently, one could expect that the perpetuation of impunity will by all means embolden existing and future perpetrators of human rights abuses, while undermining collective trust in institutions accountable for upholding freedom and justice. In other words, the failure to address the alleged genocide case on Israel against the Palestinian people not only perpetuates injustice against a people but also risks fueling further targeted violence and instability in the Arab world.
Resolving the Israeli-Palestinian conflict and ensuring accountability for civil and human rights violations requires coordinated efforts and commitments toward peace and justice from the international community. Acclaimed human rights and justice institutions such as The United Nations, which acts as the predominant organization responsible for promoting international peace and security, have crucial roles to play in addressing the Gaza situation for advancing a just and long-standing resolution as a response to the conflict.
The United Nations should commence its strategic approach by conducting open, thorough, and impartial investigations from international agencies into Israel’s targeting of civilian areas in Gaza, Rafah, and other densely populations areas. Developed insights must prioritize an objective to establish the facts, determine the legality of the Israeli government’s decisions under international law, and maintain accountability for leaders and entities responsible for exercising those violations. Additionally, the investigation findings must maintain a sense of regional transparency and be subject to scrutiny internationally to ensure both collective accountability and justice for innocent victims.
Along with accountability measures, states mainly within the Middle East should promote a negotiated settlement based solely on the principles of international law and resolutions passed by international justice organizations as part of efforts to directly address the root causes of the conflict. Within these settlements should include the discontinuation of Israeli occupation on designated Palestinian territories, upholding the right of return for displaced Palestinian civilians and refugees, as well as establishing a viable Palestinian land territory with East Jerusalem as its capital. Previous attempts prove that nonbelligerent dialogue, diplomatic initiatives, and development building measures are crucial to establishing trusting and advancing relationships for a sustainable peace process.
Additionally, the global community, including those recognized as UN member states, must uphold their collective obligations under the rule of law. The first step to following such commitments includes respecting the territorial integrity and sovereignty of all states and territories. It also constitutes abstaining from providing any military assistance to parties actively involved in violating international humanitarian law. Instead, other sovereign states are expected to advocate for efforts that seek to promote diplomatic dialogue, reconciliation between governments, and peaceful coexistence among peoples.
The additional plea proposed by South Africa to the United Nations to examine Israel’s latest targeting of Rafah city in addition to its ongoing genocide case sheds light to the urgency of addressing human rights violations and calling for government accountability within these conflicted areas. The sequence of putting Gaza’s civilian populations and infrastructure on a path of destruction constitutes a grave breach of international humanitarian law and consequently demands a principled and resilient counter from the international community.
By initiating various thorough investigations into the actions conducted by Israel thus far, as well as maintaining accountability and addressing the root causes of the conflict which has existed for decades, the United Nations among other international justice bodies can contribute to peace, justice, and security for all within the region.
Author: Kay Adu-Gyamfi
