The International Court of Justice on Friday ordered Israel to “immediately” end its military offensive in the southern Gaza town of Rafah, dealing a new blow to the country as it faces growing tensions. international isolation and a drumbeat of criticism over his conduct during the war.
The court has few effective means to enforce its decision, and it has stopped short of ordering a ceasefire in Gaza, with some court judges arguing that Israel could still carry out some military operations in Rafah according to the terms of their decision.
But the order added even more pressure on the government of Prime Minister Benjamin Netanyahu, which has faced domestic and external calls to reach a ceasefire agreement with Hamas that would lead to the release of the held hostages in Gaza.
“The Court considers that, in accordance with its obligations under the Genocide Convention, Israel must immediately put an end to its military offensive and any other action in the Rafah governorate likely to impose conditions of life likely to result in his physical arrest. total or partial destruction,” declared the president of the court, Nawaf Salam, reading the 13-2 decision.
The court, based in The Hague, also clarified the need for open land crossings, particularly Rafah, as part of its demand for the “unhindered provision” of humanitarian assistance and services. Israel has controlled the Rafah crossing for more than two weeks, and very few humanitarian trucks have entered the enclave since, according to United Nations data.
The Israeli government said in a statement that its army “has not taken and will not take” actions that could lead to the partial or total destruction of the Palestinian population of Rafah. Indeed, he declared that the court’s decision had no impact on the Israeli offensive because the prohibited acts were not committed.
Israel’s most radical politicians have said Israel should simply ignore the decision.
“There should be only one answer: the conquest of Rafah, the escalation of military pressure and the complete collapse of Hamas until total victory is achieved,” said Itamar Ben-Gvir , the far-right Minister of National Security, in a press release.
Hamas welcomed the court orders in a statement on the messaging app Telegram, calling on the international community to pressure Israel to obey. But the Palestinian armed group – which carried out the October 7 attacks on Israel that precipitated the war and led to the deaths of 1,200 people and the kidnapping of 250 others in Gaza – criticized the court for refusing to order Israel to completely cease its operations in Gaza. .
Israel’s other actions were “no less criminal and dangerous than what is happening in Rafah,” Hamas said.
The move is the latest rebuke against Israel over the conduct of its war against Hamas in the Gaza Strip. Gaza health authorities say more than 35,000 people, many of them women and children, have been killed, although they do not distinguish between fighters and civilians. In addition, hundreds of thousands of Palestinians have repeatedly fled parts of the territory to avoid Israeli bombing.
The court orders came two days after three European countries – Ireland, Spain and Norway – announced that they would recognize a Palestinian state. They also come after the Prosecutor General of the International Criminal Court announced on Monday that he request arrest warrants for Mr Netanyahu and Israeli Defense Minister Yoav Gallant, as well as three senior Hamas officials – including Yahya Sinwar, the group’s leader in Gaza – for crimes against humanity.
The case against Israel was presented last week to the International Court of Justice, also known as the World Court, by a South African legal team, which had urged the judges to impose more constraints on the Israeli incursion in Rafah, saying it was “the final step in the destruction of Gaza and its population.”
Israel’s deputy attorney general for international law, Gilad Noam, and other Israeli lawyers rejected the allegations brought before the court last Friday, calling South Africa’s case an “inversion of reality.” Mr. Noam called Israel’s incursion into Rafah “limited and localized operations preceded by evacuation efforts and support for humanitarian activities”.
But on Friday, Judge Salam said the court was still not convinced that Israel’s mass evacuation efforts and humanitarian measures actually protected Palestinian civilians from the “immense risk” they faced following the military offensive in Rafah.
Israeli officials have pledged to intervene in Rafah to dismantle Hamas’ power there, despite international outcry over the massive displacement of Palestinian refugees in the city. But legal analysts say the Israeli military may have some room to maneuver.
“This decision does not order a halt to all military actions in Rafah – only military activities that do not allow life to continue in Rafah,” said Michael Sfard, a prominent Israeli lawyer specializing in human rights. ‘man. “At the same time, if Israel wants to comply with the decision, it will have to significantly reduce its operations. »
Dire Tladi, a South African judge sitting on the court, said that “legitimate defensive actions, within the strict limits of international law, to repel specific attacks” would be consistent with the court’s ruling. But he added that “the continuation of the offensive military operation in Rafah and elsewhere” would not be.
“Israel can choose the path of legal certainty and keep its operations strictly limited,” said Adil Haque, a law professor at Rutgers Law School, “or it can take the legally risky path and test the Court’s patience.” .
Israel said its operation in Rafah, Gaza’s southernmost town and where more than 800,000 people have fled since the incursion began two weeks ago, was a precision operation aimed at targeting Hamas fighters hiding there. Before the October 7 assault by Hamas, the Palestinian armed group had established four battalions in the city, according to Israeli officials. Hamas has also built dozens of cross-border tunnels that allow it to smuggle weapons and ammunition despite the Israeli-Egyptian blockade.
Israel said Thursday that its forces were advancing slowly from the east toward central Rafah, where half of the territory’s population had taken refuge before the Israeli army. order mass evacuations.
And on Friday, the military said its forces had destroyed “weapons storage facilities, as well as tunnel shafts.” Hamas also posted a series of updates on its Telegram channel, saying its military wing was targeting Israeli troops with mortars and explosive devices in Rafah.
Activist groups like Human Rights Watch welcomed the court order. “The order from the International Court of Justice underlines the gravity of the situation facing Palestinians in Gaza, who have suffered months of blocked basic services and humanitarian aid amid continued fighting” , said Balkees Jarrah, deputy director of international justice for the group.
“Nowhere in Gaza is safe, and civilians there face starvation,” added Ms. Jarrah, “and yet the Israeli government continues to flout the World Court’s binding orders by obstructing the entry of aid and vital services. »
Yair Lapid, who leads Israel’s parliamentary opposition, denounced the World Court’s decision. But he added that if Mr Netanyahu’s government had behaved more responsibly, it “could and should” have avoided such a damaging decision by the judges.
“A sensible and professional government would have prevented the senseless statements of ministers, arrested the criminals who set fire to humanitarian trucks and carried out discreet and effective political work,” Mr. Lapid wrote on social media. “We will not win with this government.”
The South African team had argued before the World Court that Israel’s control of the two main border crossings in southern Gaza, at Rafah and Kerem Shalom, was preventing enough aid from arriving in the battered enclave, plunging Gaza into “unprecedented levels of humanitarian need.” »
Although few humanitarian trucks enter Gaza, at least dozens of commercial trucks have arrived from Israeli-operated crossing points north and south of Gaza. These trucks transport goods to be sold rather than freely distributed.
On Friday, the White House and the Egyptian presidency announced that Egypt had agreed to allow the passage of fuel and humanitarian aid from Egypt to Gaza via Kerem Shalom. Egyptian President Abdel Fattah el-Sissi’s office called the move a “temporary measure.” His government had initially resisted sending trucks to Kerem Shalom in what U.S. and Israeli officials said was an attempt to pressure Israel to abandon its Rafah operations.
The court hearings are part of South Africa’s case accusing Israel of genocide, which he filed in December. On Friday, a joint statement from the Israeli National Security Chief of Staff and the Foreign Ministry spokesperson resumed rejected the requestcalling it “wrong, scandalous and disgusting.”
The main case, which involves the accusation of genocide, is not expected to start until next year.
Richard Pérez-Peña, Raja Abdulrahim And James C. McKinley Jr. reports contributed.
