Israel has been ordered to stop its offensive in Rafah, as the UN top court said it is “not convinced” that the IDF has taken sufficient steps to alleviate the suffering of Palestinians in Gaza.
Nawaf Salam, president of the International Court of Justice, delivered the court’s conclusion.
He said: “The court considers that, in accordance with the obligations arising from the Genocide Convention, Israel must immediately stop its military offensive and any other actions in the Rafah government that may inflict on the Palestinian group in Gaza living conditions that could bring about its destruction.” total or partial physical destruction.’
He described how what was already a “catastrophic situation” in Rafah has “further deteriorated” since the last court order in March. He added that the humanitarian situation in Rafah is now classified as “disastrous.”
Israel has repeatedly dismissed genocide allegations in the case as baseless, arguing in court that its operations in Gaza are self-defense and target Hamas militants who attacked Israel on October 7.
Nawaf Salam, president of the International Court of Justice, delivered the court’s verdict
The panel of 14 permanent judges from countries around the world, plus an additional ad hoc judge appointed by Israel as a party to the case, took their seats inside the courtroom in The Hague earlier this afternoon.
Outside, a small group of pro-Palestinian protesters waved flags and played a player calling for a free Palestine.
An Israeli government spokesman said on the eve of today’s decision that “no power on Earth will stop Israel from protecting its citizens and pursuing Hamas in Gaza.”
Israel launched its assault on the southern city of Rafah this month, forcing hundreds of thousands of Palestinians to flee a city that had become a refuge for about half of the population’s 2.3 million people.
Rafah, on the southern edge of Gaza, has also been the main entry route for aid, and international organizations say the Israeli operation has isolated the enclave and increased the risk of famine.
South Africa’s lawyers last week asked the International Court of Justice (ICJ) in The Hague to impose emergency measures, saying Israel’s attacks on Rafah must stop to ensure the survival of the Palestinian people.
The ICJ, also known as the World Court, is the highest UN body to hear disputes between states. Its rulings are final and binding, but have been ignored in the past. The court has no enforcement powers.
A decision against Israel could put more diplomatic pressure on Prime Minister Benjamin Netanyahu’s government.
The chief prosecutor of the International Criminal Court, an independent court also based in The Hague, announced on Monday that he had filed a request for arrest warrants against Netanyahu and Defense Minister Yoav Gallant, as well as Hamas leaders.
Prosecutor Karim Khan accused Netanyahu and Gallant of crimes including extermination, use of starvation as a weapon and deliberate targeting of civilians. Israel strongly denied those accusations and called on its allies to repudiate the tribunal.
South Africa’s broader case before the ICJ accuses Israel of orchestrating a state-led genocide against the Palestinian people. The ICJ has not ruled on the merits of that accusation – it could take years – but has rejected Israel’s demand to dismiss the case.
In previous rulings, the court ordered Israel to prevent acts of genocide against Palestinians and allow aid to flow to Gaza, stopping short of ordering a halt to Israeli military operations.
Israel launched its air and ground war against Gaza after Hamas-led militants stormed communities in southern Israel, killing 1,200 people and taking more than 250 hostages, according to Israeli counts. Since then, more than 35,000 Palestinians have been killed in the offensive, Gaza’s Health Ministry says.
