May 24, (THEWILL)- The International Court of Justice (ICJ) has ruled that Israel must immediately halt its offensive on the southern Gaza city of Rafah and allow unimpeded access to investigate allegations of genocide.
“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.
“This new measure is delivered in conformity with Israel’s obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, and given the worsening conditions of life faced by civilians in the Rafah Governorate.
“The second point of the new provisional measures ordered by the ICJ is to “maintain open the Rafah crossing for unhindered provision at the scale of urgently needed basic services and humanitarian assistance. This requirement also applies to the whole of the Gaza Strip.
“Israel must take effective measures to ensure the unimpeded access to the Gaza strip of any commission of inquiry, fact-finding mission, whatever investigative body mandated by competent organs of the United Nations to investigate allegations of genocide.
“The State of Israel must submit a report to the Court within one month. The Court has recalled that its provisional measures have binding effect and create international legal obligations to any party to whom the provisional measures are addressed,” ICJ ruled on Friday after South Africa’s urgent request for provisional measures on May 10, 2024.
While Belgian Foreign Minister, Hadja Lahbib, welcomed the ruling, Hamas, in a statement, said it welcomes the ICJ rulings but expected the court to issue an order for Israel to stop its military operations throughout the besieged enclave, not just in Rafah.
“What is happening in Jabalia and other governorates of the Strip is no less criminal and dangerous than what is happening in Rafah.
“We call on the international community and the United Nations to pressure the occupation to immediately comply with this decision and to seriously and genuinely proceed in translating all UN resolutions that force the Zionist occupation army to stop the genocide it has been committing against our people for more than seven months,” said Hamas.
Meanwhile, Israeli opposition leader, Yair Lapid, has condemned the ICJ for not making a connection between the cessation of fighting in Rafah and the return of the abductees and Israel’s right to defend itself in its ruling on Israel’s war in Gaza.
Describing the judgement as “a moral collapse and a moral disaster”, Lapid said Israel was “brutally attacked from Gaza and had to defend itself against a horrible terrorist organisation that murdered children, raped women and still fires rockets at innocent civilians.”
The ICJ is the principal judicial body of the United Nations, established in 1945 to settle disputes between states in accordance with international law. It is also referred to as the World Court. Unlike the ICC, ruled by the Rome Statute, it does not try individuals and its rulings do not result in criminal convictions or prison sentences.
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