Friday, May 24, 2024

ICJ orders Israel to halt operations in Rafah

The top United Nations court on Friday ordered Israel to halt military operations in Rafah, a landmark ruling likely to increase mounting international pressure on Israel more than seven months into the Gaza war.

COURTESY: ICJ


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," the International Court of Justice said.

It also ordered Israel to keep open the Rafah crossing into Gaza for the "unhindered" provision of humanitarian aid.

Israel had argued before the court that an order to stop military activity would give free rein to Hamas extremists and prevent its army from rescuing hostages taken in the group's brutal October 7 attack.

COURTESY: ICJ


South Africa brought the case before the ICJ last year alleging that Israel's Gaza offensive breached the 1948 UN Genocide Convention -- a charge strongly denied by Israel.

COURTESY: ICJ


‘’Judge ad hoc Barak concludes his opinion reiterating that he sincerely hopes that this war comes to an end as quickly as possible, and that the hostages will return to Israel immediately. He emphasizes that, like every State, Israel has the fundamental right to protect its citizens and itself.’’

‘’This right receives a special dimension in the case of the hostages, in the sense that it imposes a duty on the State to do everything in its power to bring them back to Israel. The fulfilment of this duty is not in conflict with Israel’s obligations under the Genocide Convention because it stems from Israel’s intent to protect its citizens and not from an intent to commit acts prohibited under the Genocide Convention.

Judge ad hoc Barak also notes that the Court is in a difficult position and facing great pressure. Even so, in his view, the Court cannot be bothered by political, military or public policy troubles. It can only be concerned with legal troubles, since it is a court of law and not one of public opinion,’’ it said in a statement.

Done By: Bush Radio News reporter

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