Hamas welcomes ICJ order, Israel dismisses
NEWS PRIMS, INTERNATIONAL NEWS BUREAU
In a sweeping order issued on Friday evening, the International Court of Justice (ICJ) demanded that Israel immediately halt its intensifying military offensive in Rafah in Gaza and take urgent steps to alleviate the catastrophic humanitarian crisis caused by its actions.
The order from the United Nations’ highest judicial body reaffirms previous provisional measures calling on Israel to comply with the Genocide Convention and cease actions that could bring about the destruction of the Palestinian population in Gaza. However, it goes further by mandating several new emergency measures in light of the sharply deteriorating situation on the ground.
Most significantly, the ruling, adopted by the panel of 15 judges in a 13-2 vote, came a week after it was requested by South Africa as part of its case accusing Israel of violating the 1948 Genocide Convention.
ICJ President Nawaf Salam, reads out the ruling, “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.”
This exceptional order is a direct response to Israel’s recent escalation, which has seen over 100,000 Palestinians ordered to evacuate eastern Rafah ahead of an intensified ground assault that began on May 7th. UN reports cited by the Court indicate this offensive has since forced nearly 800,000 people to flee their homes in Rafah, compounding the already dire conditions faced by Gaza’s population.
“The Court considers that these developments are exceptionally grave and constitute a change in the situation,” the ruling states, justifying the modification and expansion of earlier provisional measures.
In addition to demanding an immediate cessation of hostilities, the ICJ ordered Israel by a 13-2 vote to maintain open access for humanitarian aid at the Rafah border crossing. It also required unhindered access for any UN investigation into allegations of genocide, reflecting the Court’s apparent view that such allegations warrant urgent scrutiny.
The binding rulings heap further international pressure on Israel’s government, which has faced growing outrage over its treatment of Palestinians in Gaza amid the worst violence there in years.
UN Secretary-General Antonio Guterres has recalled that the decisions of the ICJ are binding. In a UN press service’s statement, “The Secretary-General recalls that, pursuant to the Charter and to the Statute of the Court, decisions of the Court are binding and trusts that the parties will duly comply with the Order from the Court.”
Moreover, the UN Secretary-General “will promptly transmit the notice of the provisional measures ordered by the Court to the Security Council.”
Israel’s justice minister dismissed the order as “unacceptable” shortly after it was issued.
However, legal experts say Israel will face severe consequences if it fails to comply, including potential UN sanctions and charges of contempt. The ICJ’s president called the crisis in Gaza “exceptionally grave” and said the Court’s measures do not fully address the consequences of Israel’s actions, necessitating the order’s far-reaching scope.
In a statement, the Hamas group has welcomed the ruling of the ICJ demanding Israel to halt its aggression against the city of Rafah immediately, and all measures that lead to genocide, and bring aid into all areas of the Gaza Strip and allow international committees to enter to investigate genocide crimes. Hamas said, “we expected the ICJ to issue a ruling to halt the aggression and genocide against our people in the entire Gaza Strip, and not just in the Rafah Governorate.”
Hamas called on the international community and the United Nations to put pressure on Israel to immediately oblige it to this ruling and to proceed by real and serious means to implement all UN resolutions that force the Israeli occupation army to halt the genocidal war it has been committing against the Palestinian people for more than seven months.
An overwhelming majority of judges found reason to believe the spiraling humanitarian emergency could escalate to the “physical destruction” of Gaza’s Palestinian population – meeting the legal criteria for genocide under the 1948 Convention.
“The Court is not convinced that the evacuation efforts…undertaken by Israel…are sufficient to alleviate the immense risk to which the Palestinian population is exposed,” the ruling asserted.
Israel’s representative on the Court issued a blistering dissent, accusing the majority of “perpetuating a false and distorted narrative about Israeli military operations to ensure the safety of civilians.” However, the dissenting opinion could do little to negate the unmistakable thrust of the order’s supermajority rulings.
For Palestinians in Gaza trapped by the escalating violence, the ICJ’s order represents a hard-won victory and potential lifeline in their struggle for international accountability and intervention. In the hours after the ruling, crowds took to the streets across Gaza to hail the decision and demand adherence by Israeli forces.
With tensions still soaring, the coming days and weeks will test Israel’s willingness to abide by the World Court’s clear directives.