Middle-East

ICJ orders Israel to immediately halt military offensive in Gaza

Judges arrive at the International Court of Justice (ICJ), during a ruling on South Africa's request to order a halt to Israel's Rafah offensive in Gaza as part of a larger case brought before the Hague-based court by South Africa accusing Israel of genocide, in The Hague, Netherlands May 24, 2024. REUTERSJohanna Geron

By Mwangi Maina | Friday, May 24, 2024

“Israel must immediately halt its military offensive and any other action in the Rafah governorate,” the court’s ruling read.

The International Court of Justice at The Hague on Friday ordered Israel to stop its military operations in Rafah in response to a request by Pretoria for provisional measures to protect the Palestinian population in Gaza

“Israel must immediately halt its military offensive and any other action in the Rafah governorate,” the court’s ruling read

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The global court also noted that Israel must provide unimpeded access to the Gaza Strip to any investigative body affiliated with reliable authorities for the purposes of investigating allegations of genocide.

"Israel must take effective measures to ensure the unimpeded access to the Gaza Strip of any commission of inquiry, fact-finding mission, or other investigative body mandated by the competent order of the United Nations to investigate allegations of genocide," the ruling read in part.

ICJ President Nawaf Salam stated that circumstances in Rafah had deteriorated further since the ICJ's last ruling in March and that the provisional measures that the ICJ instructed at the time no longer cover current circumstances.

The court, thus, expressed concerns that Israel's evacuation efforts in Gaza were insufficient to mitigate the immense risk faced by the Palestinian population in Rafah.

People stand next to a house damaged in an Israeli strike, amid the ongoing conflict between Israel and the Palestinian Islamist group Hamas, in Rafah, in the southern Gaza Strip, May 3, 2024. (Photo: Reuters/Hatem Khaled)

The order was passed with a vote of 13-2, with dissenting votes from Julia Sebutinde of Uganda and Aharon Barak, a retired Israeli Supreme Court president.

ICJ accepted part of South Africa's request submitted on May 10, following Israel's military operations in eastern Rafah and control of the Rafah crossing.

South Africa sought to halt all Israeli military actions in Gaza, citing a humanitarian crisis and allegations of deliberate targeting of Palestinian civilians.

The ICJ held hearings on the matter, requesting Israel to submit a written assessment of the humanitarian situation and its efforts to protect displaced civilians in Rafah.

South Africa's initial complaint, filed in December, questioned whether Israel was committing genocidal acts in Gaza and requested provisional measures to stop military operations.

The ICJ rejected the request to halt military operations but urged Israel to respect the Genocide Convention, prosecute individuals inciting violence, and allow humanitarian aid into Gaza.

Investigations into potential genocide remain ongoing.