African Commission Urged to Refer Egypt to Court for Complicity in Gaza Blockade

Johannesburg – A coalition of African civil society organisations has lodged a formal complaint before the African Commission on Human and Peoples’ Rights, urging the Commission to immediately refer the matter of Egypt’s complicity in the blockade of Gaza to the African Court on Human and Peoples’ Rights. The complaint outlines how Egypt is aiding and abetting Israel’s genocide in Gaza by wilfully sealing the Rafah crossing and thereby exacerbating an unprecedented humanitarian catastrophe.

The complaint is filed by six African complainants:
- Palestine Solidarity Alliance (PSA) – South Africa
- CAGE International (CAGE Africa) – South Africa
- Zimbabwe Palestine Solidarity Council (ZPSC) – Zimbabwe
- Dreams Defender Organization – Tanzania
- Kenya Na Palestine – Kenya
- Kenyans for Palestine (K4P) – Kenya

The complainants argue that Egypt's conduct violates its obligations under Articles 4, 12, and 20 of the African Charter on Human and Peoples’ Rights and customary international law. They call for the immediate and permanent opening of the Rafah crossing to enable:
- Evacuation of critically ill and injured Palestinians in Gaza in need of emergency medical treatment.
- Entry of essential humanitarian aid including food, water, medical supplies, fuel, and rebuilding materials.
- Safe passage for aid workers, medics, and the families of those trapped in Gaza.

Despite the International Court of Justice’s (ICJ) orders for the facilitation of humanitarian access into Gaza, Egypt has “knowingly and willfully violated its obligations, as well as the humanitarian imperative,” the complaint reads.

“Whether in coordination with Israel, or of its own accord, Egypt has maintained and continues to maintain essentially a total closure of the Rafah border crossing, thereby creating, contributing to, or intentionally compounding an enormous humanitarian crisis confronting a defenseless and vulnerable refugee population of almost two million people, half or more of whom are children.”

“In short, Egypt’s systematic closure of the Rafah border crossing violates the well-established international legal principle of jus cogens: responsibility of the member states of the international community to protect civilians from war crimes.”

The complainants submit that “Egypt’s actions are indefensible under the Charter and international law. Immediate intervention is required to prevent further loss of life.”

This submission follows Egypt’s recent decision to join South Africa’s case against Israel at the ICJ. However, the complainants assert that Egypt’s ongoing participation in the blockade of Gaza fundamentally contradicts its legal obligations and stated opposition to genocide.

The coalition concludes by demanding that the Commission:
- Orders the immediate and unrestricted opening of the Rafah border crossing.
- Refers the case to the African Court on Human and Peoples’ Rights.
- Holds Egypt accountable for violations of international and regional human rights and humanitarian law.

CC image courtesy of Gigi Ibrahim on WikiMedia