UN court orders Israel to halt Rafah offensive, open border for aid

Ruling reflects a significant international consensus on need to address escalating humanitarian crisis

Muslim Network TV Desk

THE HAGUE, Netherlands – The International Court of Justice (ICJ) has mandated that Israel must immediately cease its military operations in Gaza’s Rafah region and open border crossings for humanitarian assistance.

In a landmark ruling following a plea from South Africa, the ICJ decreed that Israel must halt its offensive in Rafah, emphasizing the deteriorating humanitarian situation.

The court previously issued a ruling in January urging Israel to prevent genocidal acts in Gaza but did not enforce a cease-fire. However, the recent ground attack in Rafah, which followed months of bombardment, compelled South Africa to seek fresh emergency orders.

ICJ President Nawaf Salam described the humanitarian situation in Gaza as “disastrous” and stated that earlier measures were insufficient.

“Israel must immediately halt its military offensive and any other action in the Rafah governorate that may inflict conditions of life on the Palestinian group in Gaza that could bring about its physical destruction in whole or in part,” Salam declared, reading out the judgement to the court.

The order was approved by 13 judges, while two members, Julia Sebutinde from Uganda, also vice president of the ICJ and the ad hoc judge from Israel Aharon Barak voted against.

The ruling reflected a significant international consensus on the need to address the escalating humanitarian crisis.

The ICJ’s ruling obliges Israel to report back within one month on its progress in implementing the court’s orders.

Additionally, Israel must open the Rafah border crossing to facilitate humanitarian aid and ensure unimpeded access for UN investigative bodies examining allegations of genocide.

South Africa’s plea highlighted the worsening situation due to the recent ground attack in Rafah.

In response, Israel defended its actions, citing military necessity and denying allegations of genocide. Israel requested the ICJ to dismiss South Africa’s plea and permit its operations to continue.

Despite Israel’s defense, the court’s decision underscored the necessity of halting actions that could lead to the destruction of the Palestinian population in Gaza.

Judge Salam, a Lebanese national, criticized Israel’s previous measures, highlighted the insufficient evacuation efforts and security measures for civilians, stressing the urgent need for new emergency measures.

Experts say the ICJ’s decision to mandate the opening of the Rafah border crossing is a crucial step towards alleviating the humanitarian crisis.

Humanitarian aid organizations have long argued that the blockade on Gaza has severely restricted the flow of essential supplies, exacerbating the suffering of the civilian population.

Analysts say, the ruling underscores the importance of international law in addressing aggressions and protecting human rights, but its effectiveness will ultimately hinge on enforcement and compliance.

The ruling also highlights the role of international legal institutions in addressing complex issues. The effectiveness of this ruling will depend on the willingness of Israel or the stand taken by the UN Security Council. This has set all eyes on the U.S., which has vetoed every resolution against Israel.

Interestingly, the Biden administration is itself advocating for a halt in military operations in Rafah and opening of the crossing bordering Egypt.

In its fourth submission to the ICJ last week, South Africa had requested new emergency measures over Israel’s incursion in Rafah as part of its ongoing case accusing Israel of genocide in Gaza, including a halt to all military operations in the enclave.

The measures were in addition to the nine provisional measures requested by South Africa in its first submission to the court in January, which included a call for Israel to halt military operations in Gaza.

In its last judgement, the court did not deliver this key order but called on Israel to ensure its troops do not commit genocidal acts against Palestinians in Gaza, allow more humanitarian aid to flow in and preserve any evidence of violations.