The International Court of Justice (ICJ) has imposed new ‘provisional measures’ obliging Israel to immediately halt its offensive on Rafah.
A 15-member panel at the ICJ reaffirmed that the Israeli state must fulfil its obligations, halt its military offensive and withdraw from Rafah, Gaza’s southernmost city.
This is the third occasion that the ICJ has imposed measures on the state of Israel since 7 October 2023.
The attack on Rafah has already displaced 900,000 Palestinians, many of whom had been ordered to take refuge in the city by the Israeli military. So far, Israel’s attack on the Gaza strip has claimed the lives of 35,800 Palestinians since 7 October.
The ruling is the result of a request by South Africa for the court to reimpose emergency measures. Thirteen out of 15 of the judges agreed to the request by South Africa’s legal team.
ICJ Board President Nawaf Salam read out the ruling this afternoon that “the state of Israel shall, in conformity with its obligations under the convention of the prevention and punishment of the crime of genocide and in view of the worsening conditions of life faced by civilians of Rafah governate… immediately halt its military offensive, and any other actions in Rafah governate, which may inflict on the Palestinian group in Gaza, conditions of life that would bring about the physical destruction in whole or in part”.
Salam confirmed that the previous provisional measures were not sufficient, and that the conditions had been met for a new emergency order.
Meanwhile, the International Criminal Court (ICC) issued arrest warrants for Hamas leader Yahya Sinwar and Israeli Prime Minister Benjamin Netanyahu on charges of war crimes and crimes against humanity, ICC chief prosecutor Karim Khan announced on Monday. The charges relate to the 7 October attacks on Israel and the ensuing conflict in Gaza.
The ICJ is primarily a judicial body that resolves disputes between states. The ICJ is primarily a judicial body that resolves disputes between states. It is based in The Hague, Netherlands, and functions as the principal judicial organ of the United Nations. Cases brought before the ICJ typically involve issues such as territorial disputes, maritime boundaries, and diplomatic relations. States can also bring cases to the ICJ regarding allegations of breaches of international law, like violations of treaties or conventions. The ICJ does not have jurisdiction to try individuals or charge them with crimes. Thus, any case brought by one country against another, like the genocide case by South Africa against Israel, would concern state actions and responsibilities under international law, not individual criminal accountability.
The ICC, on the other hand, is tasked with prosecuting individuals for international crimes, including genocide, war crimes, crimes against humanity, and the crime of aggression. Unlike the ICJ, the ICC focuses on holding individuals personally responsible for their actions. It can prosecute individuals when national courts are unwilling or unable to do so effectively. The ICC operates independently of the United Nations and relies on the cooperation of countries to enforce its warrants and sentences.
