the essential
The International Court of Justice, the highest court of the UN, ordered Israel on Friday May 24 to stop its military offensive in Rafah. While this decision is likely to add to international pressure in favor of a truce, it is not that restrictive for the Jewish state. We’ll explain it to you.
New “pressure strike” or sword in the water? The International Court of Justice, the highest court of the UN, ordered Israel on Friday May 24 to stop its military offensive in Rafah.
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Israel must “immediately stop its military offensive, and any other action carried out in the Rafah governorate, which would be likely to inflict on the group of Palestinians in Gaza conditions of existence capable of leading to its physical or partial destruction,” declared the International Court of Justice (ICJ), which sits in The Hague.
BREAKING:
Happening now.
The International Court of Justice (ICJ) rules that “Israel must immediately halt its military offensive in Rafah”.pic.twitter.com/HigRIHajYg
— sarah (@sahouraxo) https://twitter.com/sahouraxo/status/1793999404325879871?ref_src=twsrc%5Etfw
While this decision is likely to add to international pressure for a truce after more than seven months of war, it is, in fact, not that problematic for the Jewish state. The orders of the ICJ, which decides disputes between states, are indeed legally binding. But she has no way of enforcing them.
No direct sanctions mechanism
Historically, the majority of ICJ decisions have been respected by state parties, giving the Court a certain moral authority and significant influence in the resolution of international disputes. But there are cases where states have not fully complied with the Court’s rulings. In such cases, the Court itself cannot impose direct sanctions.
In the event of non-compliance by a State with a decision of the ICJ, the other party may refer the matter to the United Nations Security Council, which may recommend or decide on measures to be taken to give effect to the decision . But this remedy can be politically complex and does not necessarily guarantee a forced resolution.
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In summary, although theoretically, the decisions of the ICJ are legally binding, in practice, the absence of an enforcement mechanism can sometimes limit the effective application of its decisions.
Netanyahu reunites his government, Pretoria welcomes a “firmer” decision
Israeli Prime Minister Benjamin Netanyahu reacted in the wake of these announcements, and announced that he would bring together several ministers of his government for “consultation” during a conference call, his office announced on Friday.
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South Africa, which had seized the ICJ to ask Israel to stop its offensive and allow humanitarian aid to circulate, welcomed a “firmer” decision from the Court, considering that it was a matter of a “very clear call for an end to hostilities”.
This announcement finally comes days after the prosecutor of the International Criminal Court, Karim Khan, requested arrest warrants against Israeli Prime Minister Benjamin Netanyahu, his defense minister and three Hamas leaders, for alleged crimes committed in the Gaza Strip and Israel.
