Israel-Hamas war: ICJ orders Israel to “immediately” stop its military offensive in Rafah

Israel-Hamas war: ICJ orders Israel to “immediately” stop its military offensive in Rafah
Israel-Hamas war: ICJ orders Israel to “immediately” stop its military offensive in Rafah

The court also ordered Israel to keep the Rafah crossing open to allow “unrestricted” access for humanitarian aid.

The court also called for the immediate release of those taken hostage by Hamas during its October 7 attack on Israel.

The orders of the ICJ, which decides disputes between states, are legally binding but it has no way of enforcing them.

Israel had told the court that an imposed ceasefire would allow Hamas fighters to regroup, and would make it impossible to free hostages taken during the attack by the Palestinian Islamist movement on October 7.

The ICJ’s decision comes a few days after a historic request from the prosecutor of the International Criminal Court (ICC). Karim Khan has requested arrest warrants for Israeli Prime Minister Benjamin Netanyahu, his defense minister and three Hamas leaders for alleged crimes committed in the Gaza Strip and Israel.

South Africa took the case to the ICJ in December, saying Israel’s Gaza offensive violated the 1948 UN Genocide Convention.

The court in January ordered Israel to do everything in its power to prevent any act of genocide and allow humanitarian aid into the Gaza Strip.

But Pretoria repeatedly turned to the ICJ again, arguing that the dire humanitarian situation in Gaza required the court to take new emergency measures.

Pretoria declared last week before the ICJ that “the genocide” committed by Israel had reached a “horrible level”, referring in particular to mass graves, acts of torture and a blockage of humanitarian aid.

It will take months, if not years, for the court to rule on the merits of the case brought by Pretoria – which accuses Israel of “genocide” in Gaza – but it can order urgent measures in the meantime.

This affair is “completely disconnected” from reality and is a “caricature” of the United Nations Convention on Genocide which Israel is accused of having violated, Israel retorted.

“Calling something a genocide, over and over again, does not make it genocide. Repeating a lie does not make it true,” Gilad Noam, Israel’s deputy attorney general for international affairs, told the court.

Israel also said it was “acutely aware” of the suffering of civilians in the Gaza Strip and had made “considerable efforts” to increase humanitarian aid.

US President Joe Biden said this week that “what is happening is not genocide.”

War has raged between Israel and Hamas since an unprecedented attack launched on October 7, 2023 by commandos of the Palestinian Islamist movement infiltrated from the neighboring Gaza Strip in southern Israel, which resulted in the deaths of more than 1,170 people. , mainly civilians, according to an AFP report based on official Israeli data.

Of the 252 people taken as hostages on October 7, 121 are still being held in Gaza, including 37 dead, according to the army.

The vast offensive launched in response by Israel ravaged the Gaza Strip, where at least 35,800 people were killed, mostly civilians, according to data from the Ministry of Health of the government of the Palestinian territory led by Hamas.

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