The International Court of Justice (ICJ) in The Hague has ordered Israel should "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 has also ordered that free access should be provided to the Rafah border crossing between the Gaza Strip and Egypt for the transfer of humanitarian aid. Thirdly, the court found that Israel must allow investigators access to the Gaza Strip and take steps to avoid the destruction of evidence in connection with the Genocide Convention.
The court found that Israel had not done enough to protect civilians in the Gaza Strip, and that there was an immediate and concrete risk to the residents of Rafah. Israel has to submit a report within a month on progress in applying the measures ordered by the court. Thirteen judges were in favor of the court’s ruling and two were against, including Aharon Barak, who was nominated to the court by Israel. The court made almost no comment about the Israeli hostages held in the Gaza Strip apart from a remark calling for their release by Judge Nawaf Salam, the court president, towards the end of the judgment.
The court’s rulings today are a response to a motion by the South African government. The court has yet to rule on the main South African motion that Israel’s actions in the Gaza Strip should be held to constitute genocide.
Prime Minister Benjamin Netanyahu convened an emergency meeting with Attorney General Gali Baharav-Miara, ministers and lawyers, after the court’s ruling was announced.
Separately, the prosecutor of the International Criminal Court, which also sits in The Hague, has asked the court to issue arrest warrants for Netanyahu and Minister of Defense on charges of committing war crimes.
Published by Globes, Israel business news - en.globes.co.il - on May 24, 2024.
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