International Court of Justice orders Israel to halt Rafah operations
The International Court of Justice ordered Israel to immediately halt its military operations in Rafah on Friday.
Nawaf Salam, judge and president of the International Court of Justice, during the court’s ruling that Israel must cease military operations in Rafah, the southernmost city in the Gaza Strip, on May 24, 2024. Credit: Bastiaan Musscher/U.N. Photo/ICJ-CIJ.
Calling the humanitarian situation in Rafah “disastrous,” the court instructed Israel to cease its operations in the southern Gaza area, open the Rafah border crossing to unhindered humanitarian deliveries, and grant UN officials full access to Gaza to investigate potential war crimes.
Lebanese Judge Nawaf Salam, president of the court, said the ruling was issued by a vote of 13-2.
Salam added that the court was “troubled” by the continued captivity of the Israeli hostages still being held by Hamas.
South Africa petitioned the court on May 17 to issue an immediate injunction against army operations, claiming Israel is committing “genocide” against the Palestinian people.
Israel accused South Africa of “distorting the truth,” “abusing court procedures,” and seeking to assist Hamas for political reasons. The Israeli delegation also argued that South Africa is trying to get the ICJ to “micromanage” the war, which is beyond the court’s mandate.
Although Israel is not a party to the ICJ and rejects its jurisdiction, an injunction could be enforced by the UN Security Council.
During hearings in mid-January, South Africa argued to the judges in the Hague that Israel’s military campaign was intended to cause “the destruction of the population” of the Gaza Strip.
Israeli representatives, led by former Supreme Court president Aharon Barak, rejected the claims, arguing that Israel has a right to defend itself, respects international law, and that Palestinian casualties were the result of Hamas embedding its tunnels and military infrastructure in civilian areas.
In a provisional ruling issued on January 26, the ICJ ordered Israel by a vote of 15-2 to “take all measures” to prevent “genocide” in Gaza, but did not order the implementation of a ceasefire.
Legal experts said it could take years for a final ruling on whether Israel is committing genocide against the Palestinians. However, a ruling on the genocide claim, while legally binding, would be difficult to enforce.
Meanwhile, Israeli leaders are bracing for the possibility that the International Criminal Court, will approve Chief Prosecutor Karim Khan’s request to issue arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, along with Hamas leaders Yahya Sinwar, Ismail Haniyeh and Mohammed Deif.
A three-judge panel will rule on Khan’s request, but it isn’t clear when.
Although both the ICC and ICJ are based in the Hague, they are separate courts. Israel is not a party to the ICC.
In a joint statement, the head of Israel’s National Security Council and the spokesperson of the Ministry of Foreign Affairs said: “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.
Following the horrific attack against the citizens of Israel on October 7th, 2023, Israel embarked upon a defensive and just war to eliminate Hamas and to secure the release of our hostages. Israel is acting based on its right to defend its territory and its citizens, consistent with its moral values and in compliance with international law, including international humanitarian law.
Israel has not and will not conduct military actions in the Rafah area which may inflict on the Palestinian civilian population in Gaza conditions of life that could bring about its physical destruction in whole or in part.
Israel will continue its efforts to enable humanitarian assistance and will act, in full compliance with the law, to reduce as much as possible harm caused to the civilian population in Gaza.
Israel will 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.”
Ronald S. Lauder, President of The World Jewish Congress, stated: “We reiterate our firm belief that Israel, like any sovereign nation, must retain the right to protect its citizens against acts of terror. Today’s decision by the ICJ will only prolong Hamas’s deadly reign over the people of Gaza.
Hamas is solely responsible for this conflict and stands in the way of a future where Israelis and Palestinians live side-by-side as neighbors. Since the events of October 7th, the group has used civilians as human shields—a blatant violation of international law which must be unequivocally condemned—while continuing to siphon away humanitarian aid from those who need it most.
The situation in Rafah, where Hamas leader Yahya Sinwar is reportedly hiding with hostages, underscores Israel’s need to act.
We urge the international community to recognize Israel’s right to self-defense and to join us in calling for the immediate and unconditional release of all hostages held by Hamas. It is imperative that global efforts focus on holding this terror organization accountable for the atrocities it has committed and ensuring the safety and security of all innocent lives. The lack of focus on this issue by global institutions to this point is deafening.”
Arsen Ostrovsky, a human rights attorney and CEO of the International Legal Forum, told JNS that the ICJ’s decision “was another egregious perversion of justice on the path to an irrevocable breakdown of the international legal order, that was nothing more than a gift to the murderers and rapists of Hamas.”
The Zionist Federation of Australia called on the Albanese Government to reject ICJ order and reaffirm Israel’s right to self-defence.
ZFA President Jeremy Leibler said, “On the very same day that Israel discovered the bodies of three hostages murdered by Hamas under an UNRWA facility, the International Court of Justice has ordered Israel to abandon its citizens still being held hostage, by halting operations in Rafah, citing UNRWA statistics. This order sends a message to Hamas and terrorist organisations worldwide that they can commit barbaric attacks and then use civilian populations as human shields to gain immunity, and erodes any remaining credibility of the ICJ. Now is the time for the Australian Government to reject this order and reaffirm its commitment to stand by Israel’s right to self-defence and remove Hamas from power.”
The Executive Council of Australian Jewry’s co-CEO Peter Wertheim told J-Wire: “For the Israeli hostages being held incommunicado in Gaza under the most horrific conditions, the ICJ’s ruling is tantamount to a death sentence, or at the very least an indefinite prolongation of their agony.
For the people of Israel, the ICJ has decreed that they must live under the perpetual shadow of terrorism and genocide. For the people of Gaza, the ICJ offers only the dismal prospect of a reinstatement of Hamas’s tyranny and the degradation, brutality, poverty and fear that are its bitter fruits.
For the world at large, the ICJ has dealt a devastating blow to international law and the system that was so carefully constructed after World War II to preserve international peace and security, and risks a breakdown in that system and a reversion to international anarchy and bloodshed.
Israel has taken more precautions than any other country fighting a war in an urban setting to avoid harm to civilians. But there is no gentle way of dealing with the butchers and rapists of Hamas. Their capacity for murder and mayhem needs to be destroyed, root and branch. No democratic country faced with similar circumstances would disempower itself in the face of terrorists, or should call on Israel to do so.”
Supporters of Palestine will rally at docks around the nation as they ramp up calls for shipping companies to declare any links with Israel, as part of an ongoing call for sanctions.
Demonstrations will be held at Port Botany Boat Ramp Sydney, Station Pier in Melbourne, the Port of Brisbane, Port Adelaide and docks in Hobart.
Action organised by Unionists for Palestine also includes rallies at Parliament House in Darwin and Customs House Plaza in Newcastle.
Construction, Forestry and Maritime Employees Union national secretary Christy Cain said breaking commercial and other ties with Israel was a matter of urgency.
“As unionists, we are proud to continue a long tradition of international solidarity,” Ms Cain said.
Her sentiments were echoed by Jamie Newlyn, Maritime Union of Australia assistant national secretary, who said workers had a right to know what happened to the efforts of their labour.
“As unionists, we believe in standing in solidarity with oppressed peoples everywhere in the world,” he said.
The unions are demanding shipping companies that operate in Australian ports declare any trade or cargo with Israel.
They also want trade sanctions – under the global Palestinian-led movement promoting boycotts, divestments, and economic sanctions against Israel – and are demanding charges be dropped against Maritime Union Australia members who were arrested at a previous protest.
It comes after the International Court of Justice’s landmark ruling ordering Israel to stop its military assault on the southern Gaza city of Rafah.
The World Court has no power to enforce its orders.
But Oxfam’s Middle East and North Africa Regional Director Sally Abi-Khalil called on the Israeli government to comply with the ruling and let in aid.
“All states have a legal and moral responsibility to ensure Israel complies with this order, and that the hundreds of thousands of people sheltering in Rafah are protected,” Ms Abi-Khalil said.
Hamas attacked Israel on October 7, killing 1200 people and taking more than 200 hostages, according to local authorities.
Federal Liberal Andrew Wallace said: “I stand in firm opposition to today’s ruling by the International Court of Justice (ICJ) ordering Israel to cease military operations in Rafah in the Gaza Strip. The decision not only undermines Israel’s right to self-defence, enshrined in International Law, but importantly it also fails to address the pressing issue of the 125 Israeli hostages still held captive by Hamas.
The ICJ’s ruling is a misguided and deeply troubling development,” stated Wallace. “Israel has every right to defend itself against terrorist threats, yet this ruling undermines its efforts to protect its citizens and secure the release of innocent civilians held hostage by Hamas.”
Wallace expressed grave concern for the hostages still held captive, emphasising the urgent need for international action to address their plight. “It is unacceptable that over 125 innocent Israelis remain in captivity, subjected to the cruelty of Hamas,” he declared. “The ICJ’s ruling does nothing to advance justice or alleviate the suffering of these hostages and their families, nor does it do anything to secure a lasting peace via a negotiated two-state solution.”
In addition to condemning the ICJ’s decision, Wallace called on the international community to prioritise efforts to secure the release of the remaining hostages. “The ICJ cannot ignore the plight of the hostages or the security of 9.6 million Israelis whose very existence is threatened by Hamas who continue to pledge that they will not stop attacking Israelis until every last one of them are dead” he emphasised. “It is imperative that the international community takes decisive action to pressure Hamas to release the hostages immediately and to surrender unconditionally. Such an outcome will result in the cessation of hostilities. It is up to Hamas to end this war, not the ICJ. Let’s not forget how we got here in the first place. We got here because more than 3,000 Hamas terrorists invaded Israel from Gaza, killing 1200 Israelis, men, women and children on October 7. They raped, mutilated and tortured scores more and took more than 250 hostages. That’s how we got here. The fact that some within the International community, including its institutions such as the United Nations and the International Criminal Court do not understand that or perhaps don’t want to understand that, is a tragedy for the future of the International Rules Based Order.”
Wallace reaffirmed his unwavering support for Israel and its right to defend itself against terrorism. “Israel is a beacon of democracy and freedom in a region plagued by violence and extremism,” he stated. “We must stand in solidarity with the democratic State of Israel and support its efforts to ensure the safety and security of its citizens.”
However, Climate Change and Energy Minister Chris Bowen said Australia’s position on Rafah is “crystal clear”, describing the situation there as a “humanitarian disaster” that has the scope to get worse.
“We have been very consistent that Rafa should not be attacked,” he said in Sydney on Saturday.
“We are very consistent that the binding rulings to the ICJ should be abided by by all parties, including Israel.”
Mr Bowen said while the court’s ruling, and Israel’s response, was a matter of international law, “Australia can express its view”.
“Either you comply with international law or you don’t,” he added.
“Australia believes international law should be complied with, Australia believes the binding rulings should be complied with and we believe Rafah should not be invaded by Israel.”
The International Court of Justice, which is based in The Hague, Netherlands, has no power to enforce its orders.
Construction, Forestry and Maritime Employees Union national secretary Christy Cain said breaking commercial and other ties with Israel was a matter of urgency.
“As unionists, we are proud to continue a long tradition of international solidarity,” Ms Cain said in a statement.
Her sentiments were echoed by Jamie Newlyn, Maritime Union of Australia assistant national secretary, who said workers had a right to know what happened to the efforts of their labour.
The unions are demanding shipping companies that operate in Australian ports declare any trade or cargo with Israel.
They also want trade sanctions, under the global Palestinian-led movement promoting boycotts, divestments, and economic sanctions against Israel.
At least 1,200 people were killed, and 252 Israelis and foreigners were taken hostage in Hamas’s attacks on Israeli communities near the Gaza border on October 7. Of the 125 remaining hostages, 39 are believed dead.
Report: TPS/AAP/JNS/J-Wire
