In a landmark ruling, a panel of 14 permanent judges at the International Court of Justice has ordered Israel to halt its military offensive in Rafah, claiming that the humanitarian situation in the southern Gaza city is “disastrous.” The ruling from the ICJ claims that the court remains unconvinced that the measures being taken by Israel are sufficient to alleviate the humanitarian situation confronting nearly a million refugees sheltering in the city. The ruling is part of South Africa’s case against Israel for committing genocide against Palestinians in Gaza.
The ICJ has also ordered Israel to open the Rafah border crossing for humanitarian assistance to flow into Gaza, and for Israel to allow unimpeded access to Gaza for investigators.
Praetoria’s lawyers had asked the court for the imposition of emergency measures last week, claiming that Israel’s military offensive in Rafah must be halted to ensure the survival of Palestinian people.
The president of the ICJ Nawaf Salam read out the ruling, which claimed that provisional measures that had been ordered in March were unable to address the situation, and the circumstances called for an emergency order.
Reading out the ruling, Salam clearly said “Israel must immediately halt its military offensive.”
While the International Court of Justice is part of the UN system, it has no enforcement mechanism, nor a standing army or police force.
A spokesperson from the Palestinian Authority lauded the Court’s decision, claiming that it represented a building international consensus for an end to Israel’s offensive in Gaza.
Reuters has reported Israel’s finance minister Bezalel Smotrich responding to the ruling by saying that asking Israel to cease its offensive is the equivalent of “demanding that it should decide to cease to exist… Israel will not agree to that.”
Israel’s Minister of National Security Itamar Ben-Gvir posted on X: ““The order of the antisemitic court in The Hague should have only one answer – the occupation of Rafah, the increase of military pressure and the crushing of Hamas, until the complete victory in the war is achieved.”
The European Union’s foreign policy chief Josep Borrell was reported saying that the EU must choose between respecting international institutions of the rule of law, or its support for Israel.