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ConflictsIsrael

ICJ orders stop to Israel's military operations in Rafah

May 24, 2024

The International Court of Justice has ordered Israel to halt its offensive in Rafah amid mounting international criticism. The court has no means of enforcing the ruling which senior Israeli politicians have criticized.

https://p.dw.com/p/4gFXC
An Israeli soldier aiming his rifle in Rafah in the Gaza Strip on May 18
Israel has pressed on with its invasion of Rafah despite warnings from the US, Germany and other countries Image: IDF/Xinhua/picture alliance

The International Court of Justice (ICJ) on Friday ordered Israel to "immediately" halt its military offensive in the city of Rafah in the south of the Gaza Strip.

Panel judges voted 13 to 2 in favor of the order, which characterized the humanitarian situation in Gaza as "disastrous" and "catastrophic."

What has the ICJ said?

The ICJ said Israel must "immediately halt its military offensive and any other action in the Rafah Governorate which may inflict on Palestinian groups in Gaza conditions of life that would bring about its physical destruction in whole or in part."

It added that Israel must keep the Rafah crossing open for "unhindered provision" of aid at the scale necessary to provide "urgently needed basic services and humanitarian assistance."

The court said that 800,000 people would be displaced by May 28 and found that Israeli efforts to alleviate risk to civilians or provide necessary food, water or shelter were "not sufficient."

The World Court added that Israel "must take measures to ensure unimpeded access into the Gaza Strip for inquirers."

Friday's decision marked the third time this year that the ICJ has issued preliminary orders seeking to reduce deaths and suffering in Gaza.

UN court rules Israel must halt offensive in Rafah

How has Israel responded?

Though ICJ orders are legally binding, the court has no police or military force to enforce them, and Israel is unlikely to abide by the ruling, insisting it has the right to defend itself from Hamas militants.

Similarly, Russia has so far ignored a 2022 order by the court to halt its full-scale invasion of Ukraine.

Ahead of the ruling, Israel signaled that it would also brush off any ICJ order to stop its operations, insisting it has the right to defend itself against Hamas.

"No power on Earth will stop Israel from protecting its citizens and going after Hamas in Gaza," said Avi Hyman, a government spokesperson, in a press briefing on Thursday.

After the ruling, Israeli Prime Minister Benjamin Netanyahu's office said he would consult senior ministers by phone.

One of them, far-right Finance Minister Bezalel Smotrich said in response to the ICJ order that "those who demand that Israel stop the war are demanding that it should decide to cease to exist."

Writing on the social media platform X, formerly Twitter, he said: "History will judge those who stand today alongside the Nazis of Hamas," referring to the militant group which is classified as a terrorist organization by the United States and the European Union, among others.

How much of a defeat for Israel is the ICJ ruling?

How has Hamas responded?

Israel justifies its campaign in part due to the fate of hostages still being held by Hamas since its October 7 assault. The court also called for the immediate release of those hostages, saying:

"The court finds it deeply troubling that many of these hostages remain in captivity and reiterates its call for their immediate and unconditional release."

A Hamas official said the group welcomed the ICJ decision but said it was "not enough" and urged a halt to Israel's offensive across the entire Gaza Strip.

mf/wd (AP, Reuters)