Top UN court, ICJ orders Israel to end assault on Rafah in the Gaza Strip

 

THE HAGUE – A top UN Court, the International Court of Justice, ICJ has ordered Prime Minister Benjamin Netanyahu and his war cabinet to end further assault on Rafah and indeed all areas of the Gaza Strip.

The court also affirmed that provisional measures put in place on 26 January, 2024 and March 28, 2024 should be implemented with immediate effect.

The ICJ ordered the State of Israel to maintain open Rafah crossing for humanitarian assistant, stressing that it remains the lifeline for the people of Palestine.
It also ordered Israel to take effective measures to ensure unimpeded access to any commission of inquiry, fact finding mission, or any investigative body mandated by the United Nations.

The court also ordered Israel to submit to the court all measures taken to give effect to orders granted by the court within one month.

President of the ICJ, Justice Nawaf Salam, who read the final pronouncement in behalf of the 16 judges with two who participated in the deliberations leading to the judgement absent for different reasons said there was an overwhelming vote of 13 to 2 in favour of issues brought before the court for deliberation by the plaintiff in South Africa Vs Israel.

The court noted that under the genocide convention, Israel must immediately halt military offensive and any other military action that will bring further hardship on civilian population.

“Previously, Israel was ordered to take measures to prevent genocide. In the present circumstances, Israel must take action to ensure unimpeded access to commission of inquiry and any other investigative body. There is need for immediate implementation of previous orders applicable throughout the Gaza strip and Rafah”, the ICJ ruled.

The court noted that since the initial orders were given, conditions have indeed deteriorated and have become disastrous in the Gaza Strip, particularly Rafah Governorate, where over 800,000 people have been forcefully evacuated.

The court noted that reports from reputable individuals and institutions like the WHO and others in Rafah showed that Al Mawasi where Israel is evacuating residents lacked basic facilities like water, food, and many other facilities that would make life conducive for the affected civilians.

The court noted that the only hospital in Rafah is no longer functional since the invasion of the area and that it could not trust what Israel is saying about Al Mawasi Town.

“The Area people are fleeing to does not have accommodation and water, it lacks minimum conditions for humanitarian provision. Israel has not provided sufficient information on safety, water, sanitation, food, medicine and shelter in Al Mawasi. Consequently, Israel has not sufficiently addressed concerns earlier expressed about the invasion of Rafah”, President of the ICJ said.

The court recalled that Israel began military incursion into Rafah on May 7, leading to 800,000 Palestinians displaced from Rafah as at May 18, 2024.

According to the ICJ, the concern and risks have started to materialise and will intensify if the invasion continues, adding that the court is not convinced that the evacuation effort undertaken by Israel to help civilians are sufficient to alleviate the immense risks and suffering the civilians are facing.