The International Court of Justice ruled Friday that Israel must immediately stop its military offensive in the southern Gaza town of Rafah, dealing a new blow to the country as it faces growing international isolation.
The court has no way of enforcing its orders, and Israel said the ruling’s language leaves some room for interpretation. Israel’s most radical politicians immediately vowed that Israel would not comply.
Still, the 13-2 decision puts increased pressure on the Netanyahu government over the conduct of the war. Gaza authorities say at least 35,000 people have been killed, without distinction between combatants and civilians, and that hundreds of thousands have been forced to flee repeatedly to avoid Israeli bombings, which have devastated the major part of the enclave.
“The Court considers that in accordance with the obligations arising from the Genocide Convention, Israel must immediately put an end to its military offensive and any other action in the Rafah governorate likely to impose living conditions on the Palestinian group in Gaza likely to lead to its physical destruction. in whole or in part,” said the president of the court, Nawaf Salam, reading the judgment.
Thirteen justices of the court joined in the decision and two dissented. It is the latest in a series of rebukes aimed at Israel over the conduct of its war against Hamas in the Gaza Strip.
Last week, the chief prosecutor of a separate tribunal, the International Criminal Court, announced that he was request arrest warrants for the Israeli Prime Minister and Minister of Defense, accused of crimes against humanity, alongside three Hamas leaders; three European countries have announced that they will recognize a Palestinian state; and Israel backed away from seizing Associated Press material after an international backlash.
The court emphasized the need for “unhindered and large-scale provision by all parties concerned of urgently needed basic services and humanitarian assistance”, including keeping land crossing points open and, in in particular, the Rafah crossing point, which Israel seized more than two weeks ago. He ordered Israel to “immediately take all effective measures to ensure and facilitate unhindered access” to UN investigators in Gaza. The judges also ordered Israel to submit a report within a month on the steps it had taken to implement the decision.
A South African legal team last week urged the ICJ, the United Nations’ highest court, to impose more constraints on the Israeli incursion into Rafah, saying it was “the final step in the destruction of Gaza and its population.
Israel said its operation in Rafah, from where more than 800,000 people have fled since the incursion began two weeks ago, was a specific operation targeting Hamas. The country’s army said Thursday it was fighting in neighborhoods near the heart of the city, where half of the territory’s population had taken refuge before the Israeli army. order mass evacuations there.
Israel’s deputy attorney general for international law, Gilad Noam, and other Israeli lawyers rejected the allegations brought before the court last week, calling South Africa’s case an “inversion of reality.” .
Israeli Prime Minister Benjamin Netanyahu did not immediately comment on the move, but his office said in a statement that he would hold an emergency consultation with other senior government officials to discuss next steps.
Some of its right-wing allies were quick to denounce the order and suggest that Israel should not comply. “There should be only one answer: the conquest of Rafah, the escalation of military pressure and the complete collapse of Hamas until total victory,” said Itamar Ben-Gvir, the Israeli Minister of Defense. far-right National Security, in a press release. statement.
The order also appears to leave room for some interpretation. Adil Hague, a law professor at Rutgers Law School, said the ruling restricts what Israel can do in and around Rafah, while still giving it some leeway to defend itself.
“Large-scale military operations in or around Rafah are probably out of the question as they would lead to mass deaths and displacement of civilians,” he said. “But targeted operations specifically aimed at responding to rocket fire or rescuing hostages should in principle always be on the table.”
Dire Tladi, a South African judge on the Court, clarified in a separate opinion that “legitimate defensive actions, within the strict limits of international law, to repel specific attacks” would be consistent with the Court’s ruling. But “the continuation of the offensive military operation in Rafah and elsewhere” would not be.
Ultimately, he said, the court will decide the limits on continued military action in Rafah.
“Israel can take the path of legal certainty and keep its operations strictly limited,” he said, “or it can take the legally risky path and test the patience of the Court.” »
The South African team also argued that Israel’s control of the two main border crossings in southern Gaza, at Rafah and Kerem Shalom, was preventing the arrival of sufficient aid, plunging Gaza into “levels of unprecedented humanitarian need.” Few humanitarian trucks are entering, according to U.N. data, but dozens of commercial trucks – which carry goods for sale rather than to distribute freely – have entered the enclave since the Kerem Shalom crossing.
The hearings are part of South Africa’s case accusing Israel of genocide, which he filed in December. At the end of January, the court ordered Israel to do more to prevent acts of genocide, but he did not go so far as to call for a ceasefire. The main case, which involves the accusation of genocide, is not expected to start until next year. Israel has denied allegations that it committed genocide.
In March, in the strongest terms yet, the court ordered Israel to stop obstructing humanitarian aid to Gaza as famine spreads there, calling on Israel to increase the number of land crossings for supply and to provide its “full cooperation” with the United States. Nations.
Judge Salam said the situation in Gaza had deteriorated since March and must now “be described as dire”.
Israel launched its military operation in retaliation for the October 7 attacks that authorities say killed 1,200 people and led to the kidnapping of around 250 others in Gaza. The court reiterated its call for the “immediate and unconditional release” of hostages still held by Hamas and other armed groups in Gaza.
