The International Court of Justice (ICJ), the United Nations’ highest judicial body, has issued a landmark ruling demanding Israel immediately cease its military operations in Rafah.
This decision, announced on Friday, came more than seven months into the Gaza conflict and is expected to amplify international pressure on Israel.
The ICJ’s order specifies that 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”, as reported by AFP
Furthermore, the court mandated that Israel keep the Rafah crossing open for the “unhindered” provision of humanitarian aid.
While ICJ rulings are legally binding, the court lacks enforcement mechanisms. This limitation was evident in a previous order to Russia to halt its invasion of Ukraine, which went unheeded.
Israel defended its actions, arguing that ceasing military operations would empower Hamas extremists and hinder its efforts to rescue hostages taken during the group’s brutal attack on 7 October.
This ruling follows closely on the heels of another significant legal move by the International Criminal Court ICC).
On Monday, ICC Prosecutor Karim Khan announced plans to seek arrest warrants for senior Israeli and Hamas leaders, accusing them of war crimes and crimes against humanity related to the Gaza war and the 7 October attack.
South Africa initiated the case at the ICJ last year, claiming Israel’s Gaza offensive violated the 1948 UN Genocide Convention—a charge Israel vehemently denies. In January, the ICJ had already ordered Israel to take all possible measures to prevent acts of genocide in Gaza.
The humanitarian crisis in Gaza has prompted repeated appeals from South Africa for the ICJ to impose additional emergency measures. In March, the court mandated that Israel ensure the “unhindered provision at scale” of humanitarian aid.
In recent public hearings, South Africa’s ambassador Vusimuzi Madonsela accused Israel of escalating its “genocidal onslaught” across Gaza.
South Africa argued that only a complete halt to Israel’s military operations would allow sufficient humanitarian aid to alleviate the crisis.
Israel dismissed these allegations as an “obscene exploitation of the most sacred convention,” with their legal representative Gilad Noam stating that South Africa’s portrayal of events was “completely divorced from the facts and circumstances.”
He argued that calling the situation genocide repeatedly does not make it so.
Despite the accusations, Israel has expressed an awareness of the civilian suffering in Gaza and claims to have made significant efforts to increase the flow of humanitarian aid.
Meanwhile, diplomatic efforts to negotiate a truce and secure the release of hostages continue. Israel announced its readiness to resume stalled talks with Hamas, amidst growing domestic pressure for the release of hostages.
U.S. intelligence chief Bill Burns is expected to meet Israeli representatives in Paris to restart negotiations.
The Gaza conflict, sparked by Hamas’s unprecedented attack on 7 October has resulted in the deaths of over 1,170 people, mostly civilians, and the abduction of 252 hostages. Israel’s retaliatory strikes have claimed at least 35,800 lives in Gaza, predominantly civilians, according to the territory’s health ministry.
