The top United Nations court on Friday ordered Israel to halt military operations in Rafah “immediately”, a landmark ruling likely to increase mounting international pressure on Israel more than seven months into the Gaza war.
The International Court of Justice also ruled Israel must keep open the key Rafah crossing for “unhindered” humanitarian aid and urged the “unconditional” release of hostages taken by Hamas during its October 7 assault.
ICJ rulings are legally binding but the court has no concrete means to enforce them. For example, it ordered Russia to halt its invasion of Ukraine, to no avail.
The court said 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.”
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.
Prime Minister Benjamin Netanyahu announced he would convene senior ministers after the ruling.
South Africa hailed the ruling, with Foreign Minister Naledi Pandor saying it was a “much stronger… set of provisional measures, very clear call for a cessation.”
The ICJ ruling comes hot on the heels of another highly charged decision Monday by the International Criminal Court prosecutor to seek arrest warrants for top Israeli and Hamas leaders.
Prosecutor Karim Khan alleged that senior Israeli leaders, including Prime Minister Benjamin Netanyahu, plus top Hamas officials, were guilty of war crimes and crimes against humanity related to the war in Gaza and the October 7 attack.
‘Obscene exploitation’
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.
In a ruling on January 26 that made headlines worldwide, the ICJ ordered Israel to do everything it could to prevent acts of genocide during its military operation in Gaza.
The ICJ on Friday also ordered Israel to ensure “unimpeded access” to UN-mandated investigators to look into allegations of genocide.
But South Africa has since returned several times to the ICJ arguing that the dire humanitarian situation in Gaza compels the court to issue further fresh emergency measures.
In public hearings last week, South Africa’s ambassador Vusimuzi Madonsela alleged that “Israel’s genocide has continued apace and has just reached a new and horrific stage”.
“Although the present application was triggered by the unfolding situation in Rafah, Israel’s genocidal onslaught across Gaza has intensified over the past few days, also warranting the attention of this court,” he said.
South Africa argued the only way to enable humanitarian aid in to ease the crisis in Gaza was a full halt to Israel’s military operations.
The court will take months if not years to rule on the broader South African genocide case but it can order urgent measures while weighing its decision.
The ICJ described the humanitarian situation as “disastrous” and that Israel’s evacuation efforts were insufficient.
Israel retorted during hearings that South Africa’s case was an “obscene exploitation of the most sacred convention” and the picture Pretoria paints to the court was “completely divorced from the facts and circumstances.”
“It makes a mockery of the heinous charge of genocide,” said top Israel lawyer Gilad Noam at hearings.
“Calling something a genocide, again and again, does not make it genocide. Repeating a lie does not make it true,” he added.
Israel also said it was “acutely aware” of the suffering of civilians in the Gaza Strip and that it has made “extensive efforts” to increase humanitarian aid flowing.
US President Joe Biden said this week that “what’s happening is not genocide.”
Stalled talks
Israel said Thursday it was ready to resume stalled talks on a truce and hostage release deal with Hamas, as Netanyahu faces growing domestic pressure to secure their freedom.
US intelligence chief Bill Burns is expected to meet Israeli representatives in Paris to relaunch negotiations, according to a Western source close to the issue.
Previous talks in Cairo and Doha attended by Qatar and Egypt as mediators for Hamas broke up earlier this month.
The Gaza war broke out after Hamas’s unprecedented attack on October 7 resulted in the deaths of more than 1,170 people, mostly civilians, according to an AFP tally of Israeli official figures.
Militants also took 252 hostages, 124 of whom remain in Gaza, including 37 the army says are dead.
The ICJ reiterated a call for the “immediate and unconditional” release of these hostages.
Israel’s retaliatory offensive has killed at least 35,800 people in Gaza, mostly civilians, according to the Hamas-run territory’s health ministry.