The ICJ Ordered Israel to Halt its Rafah Military Offensive

[Social Media]

 

“Israel must immediately halt its military offensive and any other action in Rafah which may inflict on the Palestinian group in Gaza conditions of life that could bring about its physical destruction in whole or in part," said Judge Nawaf Salam, president of the International Court of Justice (ICJ).

The court, which sits in The Hague, the Netherlands, made the ruling on Friday as part of the ongoing genocide case brought by South Africa.

 

In its ruling, the court said that the humanitarian situation in Gaza had deteriorated "even further" since the court last ordered provisional measures in March.

 

"The humanitarian situation is now to be characterized as disastrous," Salam said.

The court noted that around 800,000 Palestinians had been displaced from Rafah as of May 18, after Israel began its military offensive on May 7.

 

Israel had warned civilians in parts of the city to evacuate ahead of its operation, but the court said these efforts were not "sufficient to alleviate the immense risk to which the Palestinian population is exposed as a result" of Israel's incursion.

 

 

CONCLUSION AND MEASURES TO BE ADOPTED (PARAS. 48-55)
The Court concludes, on the basis of the above considerations, that the circumstances of the case require it to modify its decision set out in its Order of 28 March 2024. The Court considers that, in conformity with its obligations under the Genocide Convention, 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 Court recalls that, in its Order of 26 January 2024, it ordered Israel, inter alia, to “take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of Article II and Article III of [the Genocide Convention]”. In the present circumstances, the Court is also of the view that, in order to preserve evidence related to allegations of acts falling within the scope of Article II and Article III of the Genocide Convention, 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 competent organs of the United Nations to investigate allegations of genocide.

The Court also considers that the catastrophic situation in Gaza confirms the need for the immediate and effective implementation of the measures indicated in its Orders of 26 January 2024 and 28 March 2024, which are applicable throughout the Gaza Strip, including in Rafah. In these circumstances, the Court finds it necessary to reaffirm the measures indicated in those Orders. In so doing, the Court wishes to emphasize that the measure indicated in paragraph 51 (2) (a) of its Order of 28 March 2024, requiring the “unhindered provision at scale by all concerned of urgently needed basic services and humanitarian assistance”, necessitates that the Respondent maintain open land crossing points, and in particular the Rafah crossing.

In view of the specific provisional measures it has decided to indicate, the Court considers that Israel must submit a report to the Court on all measures taken to give effect to this Order, within one month as from the date of this Order. The report so provided will then be communicated to South Africa, which shall be given the opportunity to submit to the Court its comments thereon. The Court underlines that the present Order is without prejudice to any findings concerning the Respondent’s compliance with the Orders of 26 January 2024 and 28 March 2024.

In its Orders of 26 January 2024 and 28 March 2024, the Court expressed its grave concern over the fate of the hostages abducted during the attack in Israel on 7 October 2023 and held since then by Hamas and other armed groups, and called for their immediate and unconditional release. The Court finds it deeply troubling that many of these hostages remain in captivity and reiterates its call for their immediate and unconditional release.

 

https://www.icj-cij.org/sites/default/files/case-related/192/192-20240524-sum-01-00-en.pdf

 

 

 

Credit: Reuters | CNN | ICJ 2024-05-24

 

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[Jeff the Chef]

Excellent news

 

[Pouatchee]

wonder who will enforce this if it falls on deaf ears. no one is accountable anymore, sadly

[Wobblybob]

The ICJ doesn't have homicidal terrorists for neighbours!

[Bkk Brian]

Well the court also ordered:

 

"The Court finds it deeply troubling that many of these hostages remain in captivity and reiterates its call for their immediate and unconditional release."

 

That's not going to happen is it. If it did then the Rafah operation wouldn't be happening now

[TallGuyJohninBKK]

1 hour ago, Pouatchee said:

wonder who will enforce this if it falls on deaf ears. no one is accountable anymore, sadly

 

Part 1:

 

"Earlier, Israel signaled it, too, would brush off an ICJ order to stop its operations. “No power on earth will stop Israel from protecting its citizens and going after Hamas in Gaza,” Avi Hyman, the government spokesperson, said in a press briefing Thursday."

 

https://apnews.com/article/israel-gaza-palestinians-court-ceasefire-01d093d21a1eadaa31af5708cf1cbf38

 

Part 2, per the Washington Post:

 

"The court’s rulings are legally binding, but enforcement can be tricky, and rulings can be ignored. Russia, for example, rejected a 2022 order to cease its war against Ukraine.

 

The only way to enforce an ICJ order is through a vote of the U.N. Security Council. Any of the council’s five permanent members, including the United States, could veto any such measure. Secretary of State Antony Blinken has previously called the genocide element of South Africa’s case “meritless.”

 

https://archive.ph/bw3ku#selection-1113.0-1143.300

 

[TallGuyJohninBKK]

South Africa welcomes "groundbreaking" ICJ ruling ordering Israel to halt military offensive in Rafah

The South African government expressed support for the International Court of Justice (ICJ) ruling Friday that orders Israel to “immediately halt” its military offensive in Rafah. 

“This order is groundbreaking as it is the first time that explicit mention is made for Israel to halt its military action in any area of Gaza, this time specifically in Rafah,” Zane Dangor, director-general of South Africa's Department of International Relations and Cooperation, said in a video statement.

...

Johannesburg will approach the United Nations Security Council with this order for the latter to implement it, including allowing an independent investigation of claims of genocide in Gaza, according to Dangor."

 

https://www.cnn.com/middleeast/live-news/israel-hamas-war-gaza-news-05-24-24/index.html

 

Edited May 24 by TallGuyJohninBKK

[Bkk Brian]

2 minutes ago, TallGuyJohninBKK said:

South Africa welcomes "groundbreaking" ICJ ruling ordering Israel to halt military offensive in Rafah

The South African government expressed support for the International Court of Justice (ICJ) ruling Friday that orders Israel to “immediately halt” its military offensive in Rafah. 

“This order is groundbreaking as it is the first time that explicit mention is made for Israel to halt its military action in any area of Gaza, this time specifically in Rafah,” Zane Dangor, director-general of South Africa's Department of International Relations and Cooperation, said in a video statement.

...

Johannesburg will approach the United Nations Security Council with this order for the latter to implement it, including allowing an independent investigation of claims of genocide in Gaza, according to Dangor."

 

https://www.cnn.com/middleeast/live-news/israel-hamas-war-gaza-news-05-24-24/index.html

 

Well yea, of course, partners in crime, so does Hamas welcome it. Israel has found and retrieved 7 hostage bodies in the last few days, Hamas is furious. 

 

"Hamas has welcomed the ICJ ruling and called on the international community to pressure Israel to implement the decision."

 

Lets get those hostages released. The ICJ has ordered it immediately 

[TallGuyJohninBKK]

ICJ ruling underscores Israel’s growing isolation, experts say

...

The international pressure facing Israel today is “unprecedented,” Yossi Mekelberg, an associate fellow with the Middle East and North Africa Programme at the Chatham House think tank in London, told CNN. “Because this war is unprecedented, and the way Israel conducts the war is unprecedented.” 

 

While there has always been criticism of some of Israel’s actions, such as regarding the expansion of settlements, “this is on a different scale, a different universe altogether,” he said.

 

“The current Israeli government does its best to make Israel a pariah state,” said Mekelberg."

 

https://www.cnn.com/middleeast/live-news/israel-hamas-war-gaza-news-05-24-24/index.html

 

[TallGuyJohninBKK]

Unclear how US will respond

 

It is unclear how the US, Israel’s closest ally, will respond to the ICJ’s order. The Biden administration has spoken out strongly against the genocide case against Israel, but it has repeatedly warned Israel that Washington will not support a major ground offensive in Rafah unless it sees a credible plan to ensure the safety of civilians.

 

This month, the US halted arms shipments to Israel for the first time out of fear that they could be used in Rafah to harm civilians. In an interview with CNN, US President Joe Biden acknowledged that American bombs had been used to kill civilians in Gaza, in a stark recognition of the US’ role in the war. The US is Israel’s biggest weapons supplier.

 

The move by the ICJ is likely to add to mounting pressure on Israel to scale down its war in Gaza, but Israeli Prime Minister Benjamin Netanyahu has said that his country will defend itself even if “forced to stand alone.”

 

https://www.cnn.com/2024/05/24/middleeast/israel-icj-gaza-rafah-south-africa-ruling-intl/index.html

 

[coolcarer]

Plenty of terrorists still left to eliminate in other parts of Gaza but this is a win for Hamas in Rafah where the hostages are. Forget any peace deals. Forget Hamas complying with the orders. The hostages have just been thrown under the bus

[Nick Carter icp]

The ICJ also ruled that Russia should stop its invasion of Ukraine  , they ruled that in March 2022 

[Bkk Brian]

Simple as

 

Today International Court of Justice (ICJ) ordered Israel to stop rescue operations for it's hostages at Rafah.

<deleted> ICJ!

The war will continue until all hostages are home.

 

https://x.com/DrEliDavid/status/1794016661495853366

 

[Jeff the Chef]

Seems like a few members on here have a problem with the truth about what the ICJ actually said, so can I suggest they all read this Order dated 24th May 2024:

 

https://www.icj-cij.org/sites/default/files/case-related/192/192-20240524-ord-01-00-en.pdf

[Bkk Brian]

43 minutes ago, Jeff the Chef said:

Seems like a few members on here have a problem with the truth about what the ICJ actually said, so can I suggest they all read this Order dated 24th May 2024:

 

https://www.icj-cij.org/sites/default/files/case-related/192/192-20240524-ord-01-00-en.pdf

In what way are some members having a problem with the truth?

[Neeranam]

11 hours ago, TallGuyJohninBKK said:

"Earlier, Israel signaled it, too, would brush off an ICJ order to stop its operations. “No power on earth will stop Israel from protecting its citizens and going after Hamas in Gaza,” Avi Hyman, the government spokesperson, said in a press briefing Thursday."

Wow, why do you they think they are above International law?

[Neeranam]

11 hours ago, TallGuyJohninBKK said:

"The court’s rulings are legally binding, but enforcement can be tricky, and rulings can be ignored. Russia, for example, rejected a 2022 order to cease its war against Ukraine.

Well, Israel have a choice, continue with their illegal activities or become like Russia and face all the trade sanctions, etc. 

I think the onus is on the US, if they pull ALL support for Israel, they are sending a big message. If they continue to support Israel, sending weapons and money, they too will become a Pariah state,. 

[Nick Carter icp]

Four ICJ judges argue that court order does not require IDF halting all Rafah operations

 

Four of the justices at the International Court of Justice argue that the key operative clause in the court’s ruling, handed down today, does not require that Israel immediately halt all military operations in Rafah, but, rather, that it specifically halt military operations that “could bring about physical destruction in whole or in part” of the Palestinians. Among the four is Israel’s Aharon Barak.

A fifth judge, South Africa’s Dire Tladi, takes the opposite view, arguing that the ruling, in “explicit terms, ordered the State of Israel to halt its offensive in Rafah.”

 

https://www.timesofisrael.com/liveblog_entry/three-icj-judges-argue-that-court-order-does-not-require-idf-halting-all-rafah-operations/

 

 

[Bkk Brian]

The devils is in the detail and just like last time when the ICJ issued its original orders, the media instead of taking a little time to go through it and get their headlines accurate, immediately go out with their biased shorthand claims that can be misinformation at best. Thats quickly followed by viral headlines everywhere that give little of the actual reality.

 

Remember the plausible Genocide that was supposedly stated by the ICJ? That turned out to be untrue and misrepresented

This was the correction by Joan Donoghue, who served as President of the International Court of Justice

The ICJ “did not decide - and this is something where I’m correcting what’s said in the media - it did not decide that the claim of genocide was plausible.”Joan Donoghue, who served as President of the International Court of Justice until February, once and for all puts to rest the inaccurate and irresponsible claim by some media and UN envoys about the court’s initial ruling on South Africa’s case against Israel committing genocide. So much damage done with this constant stream of misinformation.

The same is happening here. Even CNN has to admit some ambiguity.“The order can be understood in two ways: either that Israel has to halt the offensive in Rafah; or specifically components that may lead to conditions of life that could bring physical destruction,” he said.

 

Drill down into it as should have been by the media then you get to what the order on Rafah actually is:

According to the interpretation of Sebutinde, Barak and two other judges on the court, the court’s ruling was not a direct and total order to stop the Rafah operation, but rather a limited order instructing Israel not to violate the Genocide Convention in that military campaign. The fifth of five judges who wrote separate opinions or declarations to accompany the ruling, South Africa’s Dire Tladi, took the opposite view, however, arguing that the ruling, in “explicit terms, ordered the State of Israel to halt its offensive in Rafah.”
While some are reading the decision as a blanket order to halt the offensive, the wording appeared to include some conditionality that would allow Israel to continue operations in Rafah so long as it ensured that the conditions for Palestinians sheltering there do not deteriorate so as to risk their mass-destruction. Notably, nearly one million of the 1.4 million Palestinians sheltering in Rafah have already evacuated, amid IDF orders to do so.

https://www.timesofisrael.com/icj-orders-israel-to-halt-rafah-operations-that-risk-destruction-of-civilian-population/

 

White House on ICJ ruling: Our position on Rafah is ‘clear and consistent’

In response to Friday’s International Court of Justice ruling, a White House National Security Council spokesperson says that “we’ve been clear and consistent on our position on Rafah,” without elaborating.

The significant but somewhat ambiguous ICJ ruling calls on Israel to halt military operations in Rafah that would risk the destruction of the civilian population sheltering there. According to the interpretation of four judges, the order is a limited one instructing Israel not to violate the Genocide Convention in Rafah, not halt its military operations there altogether.

https://www.timesofisrael.com/liveblog_entry/white-house-on-icj-ruling-our-position-on-rafah-is-clear-and-consistent/

[thaibeachlovers]

15 hours ago, Jeff the Chef said:

Excellent news

 

As heard on Al Jazeera, israeli officials say they will continue the invasion of Rafah.

We know that israel will probably refuse to obey, and that the US will continue to use the veto to enable israel to continue, but where it may make a difference is in the countries that support israel but are signatories to the court. How will Sunak feel about publicly supporting netanyahu when he is breaking a binding order from the court, and Britain is of course a signatory. Must be some very interesting conversations in number 10 right now. It's going to get even more interesting if the court finds israel is committing genocide.

[thaibeachlovers]

2 hours ago, Neeranam said:

Wow, why do you they think they are above International law?

Because they have ignored international law since 1967 and got away with it?

[mfd101]

Have the Hamas terrorists released all their hostages (dead or alive as they may already be) as directed by the ICJ on 26 January & 28 March?

 

No, didn't think so.

[billd766]

23 minutes ago, thaibeachlovers said:

Because they have ignored international law since 1967 and got away with it?

Plus, their "holy book" and their version of *god" says that that are the chosen ones.

 

Not to mention that their is a country on the other side of the Atlantic that has supported them since 1948 through thick and thin times. However IMO the thinnest of times are here now, and I am not so sure that the whole hearted support is there any more.

[retarius]

Great decision miluds. The US, UK (and Israel)routinely ignore any decisions of the ICJ or ICC they disagree with, for example the Diego Garcia rulings where they gave 2 fingers to the court just so the US could keep its last but 800 overseas base. Hypocrites. So we are two courts for 2 eh? ICC and ICJ. Note most people don't know the difference between the two but the ICJ is the top UN court for disputes between nations. 

[Summerinsiam]

What is the point of international courts and the rule of law if countries are allowed to ignore them? I find it disturbing that some posters think this is acceptable. Biden and Sunak are a disgrace. Thankfully the latter will be out of office shortly and back in California counting his millions. They both seem to be of the opinion that rulings only apply to the likes of Putin and various rogue African leaders with no friends, and not an ally. Obviously, the law applies across the board or it clearly has no purpose. When they see such blatant double standards and gross hypocrisy on consistent display, is there any wonder that most of the world, particularly in the global south is ambivalent towards the situation in Ukraine, and sensibly reserves judgement. Isn't that allegedly about upholding an international rules based order? Yet, they will bend over backwards to ensure that those precious rules don't apply to Israel. What happened to the invasion of Rafah being a red line? The world is watching.

[Bkk Brian]

1 hour ago, mfd101 said:

Have the Hamas terrorists released all their hostages (dead or alive as they may already be) as directed by the ICJ on 26 January & 28 March?

 

No, didn't think so.

It as also ordered their release this time & the UN Security Council resolutions, 2 of them to release the hostages immediately and with no pre conditions.

 

The media only tells you about the ICJ’s ruling regarding Israel, it does not tell you that the ICJ unanimously reiterated its call for all hostages held in Gaza to be immediately and unconditionally released.

 

[Jeff the Chef]

47 minutes ago, Bkk Brian said:

It as also ordered their release this time & the UN Security Council resolutions, 2 of them to release the hostages immediately and with no pre conditions.

 

The media only tells you about the ICJ’s ruling regarding Israel, it does not tell you that the ICJ unanimously reiterated its call for all hostages held in Gaza to be immediately and unconditionally released.

 

 

Anyone who read the original Order of the 24th May 2024 could see that the ICJ had as in the previous Orders unanimously called for the release of the hostages from the 7th Oct 2023.

 

I did notice you were more than happy to follow the Times of Israel idea that it wasn't the case that the ICJ by a vote of 13 to 2 called for a halt in Israel's campaign in Rafah/Gaza, and you wonder why the world is thinking of Israel as a pariah state.

[Summerinsiam]

You are being disengenuos here again, with your Hamas obsession. The global focus is now firmly on Israel and its handlers. They are the ones who claim to be democratic and to respect and uphold international law. Why are they only prepared to do that when it conveniently aligns with their geopolitical  interests?

[Bkk Brian]

24 minutes ago, Jeff the Chef said:

 

Anyone who read the original Order of the 24th May 2024 could see that the ICJ had as in the previous Orders unanimously called for the release of the hostages from the 7th Oct 2023.

 

I did notice you were more than happy to follow the Times of Israel idea that it wasn't the case that the ICJ by a vote of 13 to 2 called for a halt in Israel's campaign in Rafah/Gaza, and you wonder why the world is thinking of Israel as a pariah state.

Where did I claim the ICJ had not?

 

On your other point, its not the Times of Israel but it is a legal opinion from 4 of the judges in the ICJ who made the rulings. Did you also read the CNN link? Have you got a problem with the Times of Israel?

 

Here's another expert, yes he's Jewish lawyer this time but the same opinion as the other 4 Judges.

 

Important!

#ICJ ruling said Israel must halt its military offensive in Rafah "which may inflict on the Palestinian group in Gaza conditions of life that may bring about its physical destruction, in whole or in part." 

The 2nd part is critical, especially the words "which may."

It didn't say Israel must halt entirely and unconditionally.

Israel will be within its rights to contend the operation in Rafah does not inflict that which the Court said should not, and therefore continue, perhaps with some modifications.

 

https://x.com/Ostrov_A/status/1793999954203042061

 

[bannork]

Israelis intent on starving Palestinians to death 

"Gaza war: Israelis attack aid convoys sent for Palestinians - BBC News" https://www.bbc.co.uk/news/articles/cz9950n003yo