International Court of Justice orders Israel to halt military offensive in Rafah

24 May 2024 - 17:11
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Palestinians walk at a nearly deserted school used as a shelter by displaced people who fled Rafah after Israeli forces launched a ground and air operation in the eastern part of the southern Gaza City, amid the conflict between Israel and Hamas, in Rafah, in the southern Gaza Strip on May 13, 2024.
Palestinians walk at a nearly deserted school used as a shelter by displaced people who fled Rafah after Israeli forces launched a ground and air operation in the eastern part of the southern Gaza City, amid the conflict between Israel and Hamas, in Rafah, in the southern Gaza Strip on May 13, 2024.
Image: REUTERS/Mohammed Salem

Israel must halt its military offensive in Rafah which may inflict worsening conditions of life on Palestinians in Gaza, bringing about physical destruction in whole or in part. 

This is one of the provisional measures indicated by the International Court of Justice (ICJ) on Friday in the application brought by South Africa on May 10. 

South Africa sought a modification of provisional measures previously prescribed by the court on January 26 and March 28 in the case concerning the alleged violations by Israel of its obligations under the Genocide Convention in relation to Palestinians in Gaza.

South Africa stated the Israeli assault on Rafah and the extreme risk it posed to humanitarian supplies and basic services into Gaza to the survival of the Palestinian medical system and Palestinians in Gaza gave rise to new facts causing irreparable harm to the rights of the Palestinian people.  

The ICJ heard oral submissions from South Africa and Israel last week and made its order on Friday. 

The court, by a majority of 13 with two dissenting votes, said the order that Israel must halt its offensive on Rafah was to ensure the country conformed to its obligations under the Convention on Prevention and Punishment of the Crime of Genocide and in view of the worsening conditions of life faced by civilians in Rafah.

It reaffirmed provisional measures indicated in its orders of January 26 and March 28, which it said would be immediately and effectively implemented. 

Israel was ordered to keep open the Rafah crossing for unhindered provision at scale of urgently needed basic services and humanitarian assistance. 

Israel was also ordered to take effective measures to ensure unimpeded access to Gaza of any commission of inquiry, fact-finding mission or other investigative body mandated by the UN to investigate allegations of genocide. 

 The court also decided Israel must submit a report on measures taken to give effect to the order of May 24 within a month. 

Court president judge Nawaf Salam said in its orders of January 26 and March 28, the court was concerned about those captured during the attack on Israel on October 7 and called for their immediate and unconditional release.  

“The court finds it deeply troubling that many of these hostages remain in captivity and reiterate its call for their immediate and unconditional release,” Salam said. 

TimesLIVE 


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