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ICJ orders end to Israeli assault on Rafah: What does this mean for Israel?

International Court of Justice ruling against Israel comes just days after the International Criminal Court top prosecutor's decision to seek arrest warrants for top Israeli and Hamas leaders

Palestinians take cover after an Israeli strike on a residential building in Rafah, on Monday. Israel has ordered new evacuations in northern Gaza, where the UN says 1 in 6 children is malnourished | PHOTO: AP
Palestinians take cover after an Israeli strike on a residential building in Rafah. PHOTO: AP
Bhaswar Kumar Delhi
5 min read Last Updated : May 24 2024 | 9:55 PM IST
Judges at the International Court of Justice (ICJ), the top United Nations (UN) court, on Friday ordered Israel to halt its offensive in the southern Gaza city of Rafah, increasing international pressure on the Israeli government over its war in Gaza.

Reading out a ruling by the ICJ, the body’s president, Nawaf Salam, said that provisional measures ordered by the court in March did not fully address the present situation in the besieged Gaza Strip and that conditions had been met for a new emergency order.

"Israel must immediately halt its military offensive" in Rafah, said Salam, adding that the situation in Gaza had deteriorated since the ICJ last ordered Israel to take urgent steps to alleviate the humanitarian crisis there.


The ICJ backed a South African request to order Israel to halt its military assault on Rafah, a week after Pretoria called for the measure in a case accusing Israel of genocide.

What does this mean for Israel?


In the immediate aftermath of the ICJ ruling, Israeli media reported that Israeli Prime Minister Benjamin Netanyahu would hold consultations with senior ministers regarding the development.

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Ahead of the ruling, citing unnamed officials, Israel's Channel 12 had reported that Israel did not intend to uphold any ruling from the ICJ ordering it to halt its offensive in Rafah.

Speaking to Reuters ahead of the ICJ decision, an Israeli government spokesperson had said that "no power on Earth will stop Israel from protecting its citizens and going after Hamas in Gaza".


The October 7 Hamas attack that killed 1,200 people in Israel and led to over 250 being taken hostage triggered Israel's war in Gaza. Since then, over 35,000 people have been killed during Israel's war with the Hamas militant group, according to Palestinian authorities.

While the ICJ's rulings are final and without appeal, the court has no way of enforcing them. For example, the court has ordered Russia to halt its invasion of Ukraine, but to no avail. However, the ruling against Israel adds to the growing international pressure on the country and sets a legal precedent.

Can Israel continue operations in Rafah?


"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," the ICJ ruling states.

While initial reports have treated this as a blanket order to halt the Rafah offensive, one Israeli media report points out that the wording of the ruling appears to imply that under certain conditions, Israel would be allowed to continue operations in Rafah as long as it ensures that the conditions for Palestinians sheltering there do not deteriorate to the point where there is a risk of their mass-destruction.


According to Israeli media reports, close to one million of the 1.4 million Palestinians sheltering in Rafah have already evacuated following Israel Defense Forces' order to do so.

Growing international pressure


The ICJ ruling comes just days after International Criminal Court (ICC) Chief Prosecutor Karim Khan said that he has applied for arrest warrants against Israeli PM Netanyahu and Defence Minister Yoav Gallant for crimes against humanity in the ongoing Gaza war.

In relation to the October 7 attacks on Israel, the ICC chief prosecutor is also seeking arrest warrants for three senior Hamas leaders.

The ICC investigation is separate from the genocide case against Israel at the ICJ.


The ICJ ruling also comes after another upset for Israel on Wednesday, when Norway, Spain and Ireland announced that they will officially recognise Palestine as an independent state.

Why is Rafah so important?


For months now, Israeli PM Netanyahu has vowed that regardless of a hostage release deal, Israel will eliminate the final Hamas strongholds in Rafah, in southern Gaza.

Many civilians are sheltering in Rafah, the last part of Gaza facing an Israeli ground operation. However, Israel claims that it is also the site of Hamas' last major stronghold and has ordered mass evacuations from Rafah.

Roughly half the Gaza Strip's 2.3 million people have reportedly sought refuge in Rafah due to the Israeli offensive further north.

What is the ICJ?


Called the World Court, the ICJ is the highest UN legal body. It was established in 1945 to deal with disputes between states. The seat of the ICJ is at The Hague, Netherlands. Meanwhile, the treaty-based ICC, also in The Hague, handles war crimes cases against individuals.

The ICJ's 15-judge panel deals with border disputes. However, it has increasingly been dealing with cases brought by states accusing others of breaking UN treaty obligations.

Given that it already has a South African judge, this 15-judge panel has been expanded by an additional judge of Israel's choosing in the ongoing Gaza case.

(With input from Reuters & agencies) 

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Topics :Benjamin NetanyahuGaza conflictIsrael-PalestineBS Web Reports

First Published: May 24 2024 | 9:55 PM IST

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