The International Court of Justice (ICJ), the UN’s principal judicial body, has issued a significant decree, commanding Israel to “immediately cease its military campaign in Rafah.”
This action follows a recent application from South Africa, which urged for various measures against Israel, accusing it of escalating what it deems to be genocide.
Presiding judge Nawaf Salam noted that the situation in Gaza has worsened since the court’s last directive for Israel to take measures to ameliorate it.
Israel vehemently refuted the accusation and indicated its intent to disregard any directive to halt its operation.
Presenting the court’s verdict on Friday, Nawaf Salam stated that “Israel must promptly cease its military offensive and any other actions in the Rafah Governorate” that could result in “the physical obliteration” of the Palestinians, referring to actions constituting genocide under international law.
He further stipulated that Israel must grant unimpeded access to Gaza to any UN entity investigating allegations of genocide.
The ruling also reiterated the obligation for Israel to facilitate the “unhindered provision at scale” of essential services and humanitarian aid to Gaza.
“The humanitarian situation [in Gaza] is now to be characterised as disastrous,” the ruling said.
Israel rejected the court’s ruling and said its military offensive in Gaza was in line with international law.
“Israel has not and will not carry out military operations in the Rafah area that create living conditions that could cause the destruction of the Palestinian civilian population, in whole or in part,” National Security Adviser Tzachi Hanegbi said in a joint statement with the foreign ministry.
War cabinet minister Benny Gantz said Israel would continue its offensive “wherever and whenever necessary – including in Rafah”.
Meanwhile, the Palestinian ambassador to the UN, Riyad Mansour, hailed the ruling and called for Israel to abide by it.
“We expect that resolutions of the ICJ be implemented without hesitation,” he said. “That’s mandatory. And Israel is party to the convention.”
Upon learning of the ICJ ruling, Josep Borrell, the European Union’s chief diplomat, expressed concern that aligning the bloc’s dedication to the rule of law with its backing of Israel could pose significant challenges.
Aid organizations and the United Nations highlight that inadequate aid is reaching the populace in Gaza, leading to concerns about famine.
The UN halted food distribution in Rafah on Tuesday due to the precarious situation. Israel asserts it has taken extensive measures to ensure the smooth flow of humanitarian aid into Gaza.
Judge Salam expressed deep concern over the ongoing captivity of Israeli hostages by Hamas and other armed groups in Gaza, urging their immediate and unconditional release.
Israeli opposition leader Yair Lapid criticized the ruling, denouncing it as a moral failure for not linking the bombardment of Rafah to the release of hostages.
South Africa’s foreign ministry chief Zane Dangor hailed the ruling as groundbreaking, noting it marks the first explicit order to Israel to cease actions in a part of Gaza.
Hamas welcomed the decision, emphasizing its demand for Israel to halt aggression in Rafah. Shortly after the ruling, Israeli warplanes conducted a series of airstrikes on the Shaboura camp in the heart of Rafah.
A local activist at nearby Kuwait Hospital told the BBC that rescue teams in the hospital were unable to reach the site of the raids due to their intensity.
Israel began a long-anticipated offensive in Rafah about three weeks ago, vowing to destroy the remaining Hamas battalions there. It says it believes Israeli hostages are also being held in the town.
The UN says more than 800,000 Palestinians have fled from Rafah since the offensive began. About 1.5 million had been sheltering there from the fighting elsewhere in Gaza.
The hearing is part of a case brought by South Africa to the ICJ in December, claiming Israel was committing genocide in Gaza. That case is ongoing.
Israel began its offensive in Gaza after gunmen from Hamas, the organisation which ruled the territory, attacked Israel on 7 October, killing about 1,200 people and taking 252 others back to Gaza as hostages.
At least 35,800 Palestinians have been killed in the war since then, according to Gaza’s Hamas-run health ministry.