The International Court of Justice (ICJ) passed an order on the 24th of May, 2024 on the ‘application of the convention on the prevention and punishment of the crime of Genocide in the Gaza Strip’ to stop the further advancement by Israel into Rafah and stop any further military action.
The International Court of Justice is located in The Hague, Netherlands. They passed the order on the request of South Africa on 10th May 2024.
What did the ICJ order say?
The ICJ with thirteen votes to two ordered an immediate halt to its military offence, 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 ICJ order also mentioned opening the Rafah crossing for unhindered provision at a scale for urgently needed basic items, aid and humanitarian assistance. Effective measures needed to be implemented to ensure unimpeded access to the Gaza Strip by any commission of inquiry, fact-finding mission or other investigative body mandated by competent organs of the United Nations to investigate allegations of genocide.
The court also mandated the State of Israel to submit a report to the Court on all the measures taken to give effect to this order; within one month from the date of the order.
Gaza’s humanitarian crisis
The ICJ emphasized the catastrophic humanitarian crisis in Gaza and stated that it was at serious risk of deteriorating, has deteriorated and has done so even further since the Court adopted its Order of 28 March 2024.
The court noted, “[a]fter weeks of intensification of military bombardments of Rafah, where more than a million Palestinians had fled as a result of Israeli evacuation orders covering more than three-quarters of Gaza’s entire territory, on 6 May 2024, nearly 100,000 Palestinians were ordered by Israel to evacuate the eastern portion of Rafah and relocate to the Al-Mawasi and Khan Younis areas ahead of a planned military offensive. The military ground offensive in Rafah, which Israel started on 7 May 2024, is still ongoing and has led to new evacuation orders. As a result, according to United Nations reports, nearly 800,000 people have been displaced from Rafah as at 18 May 2024.”
The court considered that the developments made are grave and views that provisional measures do not address the consequences thus justifying modifications.
The court noted the dangers of military offence and noted that it was “not convinced that the evacuation efforts and related measures that Israel affirms to have undertaken to enhance the security of civilians in the Gaza Strip, and in particular those recently displaced from the Rafah Governorate, are sufficient to alleviate the immense risk to which the Palestinian population is exposed as a result of the military offensive in Rafah”.
Israel’s response
In a joint statement by the Head of the National Security Council and the Spokesperson of the Ministry of Foreign Affairs, Israel considered the charges by South Africa in the ICJ as false, outrageous and morally repugnant.
Joint Statement by the Head of the National Security Council and the Spokesperson of the Ministry of Foreign Affairs:
The charges of genocide brought by South Africa against Israel at the International Court of Justice in the Hague are false, outrageous and morally repugnant.… pic.twitter.com/B8pugFZ8Wx
— Oren Marmorstein (@OrenMarmorstein) May 24, 2024
Israel declared that in compliance with the order, they have not and will not conduct military actions in the Rafah area which may inflict on the Palestinian civilian population.
Israel will also continue to enable the Rafah crossing to remain open for the entry of humanitarian assistance from the Egyptian side of the border and will prevent terror groups from controlling the passage.
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