ICJ orders Israel to ‘immediately halt’ Rafah invasion

The Hague, Netherlands – AFP

The top United Nations court on Friday ordered Israel to halt military operations in Rafah “immediately”, a landmark ruling likely to increase mounting international pressure on Israel more than seven months into its war on Gaza.

The International Court of Justice also ruled Israel must keep open the key Rafah crossing for “unhindered” humanitarian aid and urged the “unconditional” release of prisoners in Gaza held by by Hamas.

ICJ rulings are legally binding but the court has no concrete means to enforce them. For example, it ordered Russia to halt its invasion of Ukraine, to no avail.

The court said Israel must “immediately halt its military offensive, and any other action in the Rafah Governorate, which may inflict on the Palestinian group in Gaza conditions of life that could bring about its physical destruction in whole or in part.”

Prime Minister Benjamin Netanyahu announced he would convene senior ministers after the ruling.

South Africa hailed the ruling, with Foreign Minister Naledi Pandor saying it was a “much stronger… set of provisional measures, very clear call for a cessation.”

The ICJ ruling comes hot on the heels of another highly charged decision Monday by the International Criminal Court prosecutor to seek arrest warrants for top Israeli and Hamas leaders.

Prosecutor Karim Khan alleged that senior Israeli leaders, including Prime Minister Benjamin Netanyahu, were guilty of war crimes and crimes against humanity related to the war on Gaza.

– ‘Unimpeded access’ – 

South Africa brought the case before the ICJ last year alleging that Israel’s Gaza offensive breached the 1948 UN Genocide Convention.

In a ruling on January 26 that made headlines worldwide, the ICJ ordered Israel to do everything it could to prevent acts of genocide during its military operation in Gaza.

The ICJ on Friday also ordered Israel to ensure “unimpeded access” to UN-mandated investigators to look into allegations of genocide.

But South Africa has since returned several times to the ICJ arguing that the dire humanitarian situation in Gaza compels the court to issue further fresh emergency measures.

In public hearings last week, South Africa’s ambassador Vusimuzi Madonsela alleged that “Israel’s genocide has continued apace and has just reached a new and horrific stage”.

“Although the present application was triggered by the unfolding situation in Rafah, Israel’s genocidal onslaught across Gaza has intensified over the past few days, also warranting the attention of this court,” he said.

South Africa argued the only way to enable humanitarian aid in to ease the crisis in Gaza was a full halt to Israel’s military operations.

The court will take months if not years to rule on the broader South African genocide case but it can order urgent measures while weighing its decision.

The ICJ described the humanitarian situation as “disastrous” and that Israel’s evacuation efforts were insufficient.