ICJ orders Israel to halt military operations in Rafah amid humanitarian crisis

The International Court of Justice (ICJ), the principal judicial organ of the United Nations, has issued a stern directive for Israel to immediately cease its military operations in Rafah, located in the southern Gaza Strip. This ruling heightens global scrutiny and pressure on Israel amidst its ongoing conflict with Hamas.

ICJ President Nawaf Salam announced the court’s decision, which mandates Israel to halt any actions in Rafah that could lead to the physical destruction, in whole or in part, of the Palestinian population. This significant order underscores the dire humanitarian crisis that has escalated as Israel intensified its military focus on what it claims to be a major stronghold of Hamas.

The Court explicitly noted the catastrophic humanitarian conditions in Gaza, which have markedly worsened since the onset of Israeli military operations. The judges stressed that the actions in Rafah not only pose a real and imminent risk to the Palestinian population but have already led to extensive displacement and suffering.

President Salam stated that the court is not convinced by the evacuation effort and related measures that Israel claims to have undertaken to enhance the security of civilians in the Gaza Strip, particularly those recently displaced from the governorate. He expressed the court’s concerns that these measures are insufficient to alleviate the immense risk to which the Palestinian population is exposed due to the military offensive in Rafah.

The ICJ’s orders aim to mitigate these conditions by ensuring the unhindered delivery of humanitarian assistance and the preservation of evidence concerning allegations of genocide.

Reacting to the escalating crisis, the ICJ also ordered that the Rafah crossing, a critical conduit for humanitarian aid, remain open. This is to ensure the continued flow of essential supplies to over one million people who have sought refuge in Rafah after fleeing fighting elsewhere in Gaza.

The ICJ’s decision has elicited a mix of international and domestic responses.

Israeli Prime Minister Benjamin Netanyahu, under considerable pressure both internationally and from his constituents, announced a special ministerial meeting to deliberate on the court’s orders. Meanwhile, opposition leader Yair Lapid criticized the ruling for not addressing the linkage between the military operations and the ongoing hostage crisis involving Israelis held by Hamas.

Globally, the ruling has catalyzed calls for increased diplomatic efforts. Balkees Jarrah, Associate International Justice Director at Human Rights Watch, emphasized that, “The ICJ’s decision opens up the possibility for relief, but only if governments use their leverage, including through arms embargoes and targeted sanctions, to press Israel to urgently enforce the court’s measures.”

Although the ICJ has no police force to enforce its orders, its decisions carry significant legal and moral authority. The ruling not only impacts the immediate military strategies of Israel but also sets a precedent for international legal responses to conflicts involving allegations of genocide.

On Monday, ICC chief prosecutor Karim Khan said he had asked ICC judges to approve arrest warrants for Netanyahu, Defense Minister Yoav Gallant, and three top Hamas leaders—Yahya Sinwar, Mohammed Deif, and Ismail Haniyeh—on charges of war crimes and crimes against humanity in both the Gaza Strip and Israel.

Israel is not an ICC member, so even if the arrest warrants are issued, Netanyahu and Gallant do not face any immediate risk of prosecution. However, the threat of arrest could restrict the Israeli leaders’ ability to travel abroad.

Israel’s offensive in response to the 7 October attack by Hamas has resulted in over 35,000 Palestinian deaths, according to Gaza’s Health Ministry, many of whom are women and children. The operation has obliterated entire neighbourhoods, forced hundreds of thousands to flee their homes, and pushed parts of the territory into famine.