The International Court of Justice (ICJ), the United Nations’ highest court, has issued a momentous ruling demanding Israel to immediately cease its military offensive in Rafah. This decision follows a plea from South Africa, which accused Israel of escalating actions that it describes as genocidal. The presiding judge, Nawaf Salam, highlighted the worsening conditions in Gaza since the ICJ’s last directive for Israel to take remedial measures.
Israel has firmly rejected the ruling, signalling its intention to disregard the court’s order. Judge Salam emphasised that Israel must halt all military activities in Rafah and allow unrestricted access to Gaza for UN bodies investigating genocide claims. Additionally, the court underscored the need for Israel to ensure the large-scale, unhindered delivery of basic services and humanitarian aid to Gaza, labelling the humanitarian situation as “disastrous.”
In a joint statement, Israel’s National Security Adviser Tzachi Hanegbi and the Foreign Ministry asserted that Israel’s military operations comply with international law and do not aim to create conditions that could destroy the Palestinian population. War Cabinet Minister Benny Gantz echoed this sentiment, affirming the continuation of the offensive as deemed necessary.
The ruling was lauded by Palestinian UN ambassador Riyad Mansour, who called for Israel to comply, stressing the mandatory nature of ICJ resolutions. The European Union’s top diplomat, Josep Borrell, acknowledged the challenge in reconciling the bloc’s support for both the rule of law and Israel.
Humanitarian organisations and the UN have voiced concerns over the inadequate aid reaching Gaza, with food distribution in Rafah suspended due to the dire circumstances. Despite Israel’s claims of facilitating humanitarian aid, the suspension highlights the severe logistical and safety issues on the ground.
The ICJ ruling also addressed the troubling detention of Israeli hostages by Hamas and other groups in Gaza, demanding their immediate release. Israeli opposition leader Yair Lapid criticised the court’s decision, viewing it as a moral failure for not linking the bombardment to the hostages’ release.
South Africa’s Foreign Ministry Chief Zane Dangor praised the decision as groundbreaking, marking the first explicit order from the ICJ for Israel to halt operations in a specific part of Gaza. Hamas welcomed the ruling, condemning Israel’s actions and calling for an end to the aggression in Rafah.
Despite the ICJ’s order, Israeli warplanes launched a series of airstrikes on Rafah shortly after the ruling. Local reports indicated that rescue teams were unable to reach affected areas due to the intensity of the raids. Israel’s ongoing offensive, which began about three weeks ago, aims to dismantle remaining Hamas forces in Rafah and recover hostages believed to be held there.
The humanitarian impact of the offensive is stark, with over 800,000 Palestinians fleeing Rafah, exacerbating the already critical situation in Gaza. This hearing is part of a broader case initiated by South Africa in December, accusing Israel of genocide in Gaza, which remains ongoing.
The ICJ’s decision places Israel in a precarious position internationally, facing potential arrest warrants for its leaders and increasing isolation from global powers, including signs of waning support from the Biden administration. Critics of Prime Minister Benjamin Netanyahu argue that Israel’s defiance of international rulings reflects its growing estrangement on the world stage.
Israel maintains that its actions are necessary for security and humanitarian measures are in place, though the ICJ’s ruling suggests a severe discrepancy between Israel’s assertions and the ground reality. The court’s intervention aims to prevent further mass displacement and suffering in Gaza, pressing Israel to reconsider its approach amidst intensifying international scrutiny.
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