Skip to content
  • Facebook
  • X
  • Linkedin
  • WhatsApp
  • YouTube
  • Associate Journalism
  • About Us
  • Privacy Policy
  • 033-46046046
  • editor@artifex.news
Artifex.News

Artifex.News

Stay Connected. Stay Informed.

  • Breaking News
  • World
  • Nation
  • Sports
  • Business
  • Science
  • Entertainment
  • Lifestyle
  • Toggle search form
  • Delhi Man, 26, Collapses And Dies On 1st Day Of Sunburn Festival In Goa
    Delhi Man, 26, Collapses And Dies On 1st Day Of Sunburn Festival In Goa Nation
  • Access Denied Sports
  • Bhutan, China Hold Border Talks, Sign “Cooperation Agreement”
    Bhutan, China Hold Border Talks, Sign “Cooperation Agreement” World
  • Ayatollah Ali Khamenei, Iran’s Supreme Leader dead at 86 as Israel-Iran conflict spirals
    Ayatollah Ali Khamenei, Iran’s Supreme Leader dead at 86 as Israel-Iran conflict spirals World
  • Sachin Tendulkar To Be Honoured By BCCI’s Lifetime Achievement Award
    Sachin Tendulkar To Be Honoured By BCCI’s Lifetime Achievement Award Sports
  • Indian seafarer among crew of ship held by Iran in Strait of Hormuz
    Indian seafarer among crew of ship held by Iran in Strait of Hormuz World
  • Smriti, Kranti heroics hand Australia its biggest ODI defeat
    Smriti, Kranti heroics hand Australia its biggest ODI defeat Sports
  • After climate talks, countries gather for COP to end plastic
    After climate talks, countries gather for COP to end plastic World
The ICJ ruling on Israel’s Rafah offensive and its implications | Explained

The ICJ ruling on Israel’s Rafah offensive and its implications | Explained

Posted on May 27, 2024 By admin


The story so far: The International Court of Justice (ICJ) on May 24 ordered Israel to halt its military operations in the southern Gaza city of Rafah in a ruling that can further the country’s international isolation and escalate demands for a ceasefire more than seven months into the war triggered by Hamas’ October 7 attack. This is the third time that the United Nation’s top court has issued preliminary orders to alleviate humanitarian suffering in Gaza.

However, in the absence of direct enforcement mechanisms, the Court’s decisions are often defied despite being legally binding. A day after the ruling, Israeli air strikes ravaged Rafah — an indication that the country remains unwilling to change its course.

The Palestine Red Crescent ambulance crews are transporting a large number of martyrs and injured individuals following the occupation’s targeting of the displaced persons’ tents near the United Nations headquarters northwest of #Rafah. #Gaza

— PRCS (@PalestineRCS) May 26, 2024

Friday’s ruling was delivered in a case instituted by South Africa accusing Israel of genocide and citing “immense risk” to the Palestinian population. Its latest request pointed out that the Hague-based Court’s January 26 provisional measures were not sufficient to address “a brutal military attack on the sole remaining refuge for the people of Gaza.” In another significant intervention in the conflict, the Prosecutor of the International Criminal Court (ICC) on May 20 announced his decision to apply for arrest warrants against Israeli Prime Minister Benjamin Netanyahu, Israeli Defence Minister Yoav Gallant, and three Hamas leaders, including Yahya Sinwar, the leader of the outfit, for the alleged commission of war crimes and crimes against humanity.

‘Change in the situation’

Similar to interim injunctions issued by national courts, provisional measures issued by the ICJ seek to freeze combat operations to preserve the integrity of a future final judgment. Before the passage of such an interim order, the Court must be satisfied that it has prima facie jurisdiction, that there is a “plausible” link between the rights asserted by South Africa and the measures it requests and a risk of irreparable harm and urgency.

As per Article 76 of the Rules of Court (1978), the Court has the power to “revoke or modify” any decision concerning provisional measures if it finds that “some change in the situation” has taken place. In a ruling supported by a majority of 13-2 judges, the ICJ said that the humanitarian situation in Rafah is now “disastrous” — meaning the Court’s previously issued provisional measures were insufficient.

It thus acknowledged that the “repeated large-scale displacement of the already extremely vulnerable Palestinian population” constitutes “a change in the situation” within the meaning of the Court’s rules.

The ICJ relied upon a host of UN reports to underscore the “immense risks” associated with Israel’s continuous military strikes in Rafah. For instance, it noted that on May 6, the United Nations Children’s Fund (UNICEF) had indicated that half of the approximately 1.2 million Palestinians sheltering in Rafah were children and that Israel’s hostilities could result in the destruction of “the few remaining basic services and infrastructure.” It was further pointed out that the al-Najjar Hospital, one of the last remaining medical facilities in the Rafah Governorate, was no longer functional, and that the World Food Programme (WFP) had been unable to access its warehouse in the region leading to a disastrous hunger crisis.

Concerns not ‘sufficiently dispelled’

Perusing the evidence on record, UN’s top court observed that Israel had failed to undertake sufficient measures to adequately evacuate and protect from violence thousands of civilians in the Gaza Strip, particularly in Rafah. It also highlighted the inability of Tel Aviv to provide “sufficient information” on the steps taken to supply humanitarian aid in the form of water, sanitation, food and medicine to the 800,000 evacuated Palestinians.

Crucially, the Court found Israel’s assurances unconvincing, writing that it has not “sufficiently addressed and dispelled the concerns raised by its military offensive in Rafah.”

Provisional measures

At the outset, the Court outlined that the prior provisional measures indicated in its orders of January 26, 2024, and March 28, 2024, “must be immediately and effectively implemented.”

It then proceeded to rule that Tel Aviv, in accordance with its obligations under the Genocide Convention, 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.”

Israel was further asked to keep the Rafah crossing with Egypt open for the “unhindered” delivery of humanitarian assistance and allow UN investigators to access the Gaza Strip to collect evidence about the alleged war crimes.

Although no interim order was issued, the judges reiterated that they were deeply concerned about the fate of the hostages abducted during Hamas’ attack on October 7, 2023, and accordingly called for their immediate and unconditional release.

In conclusion, the ICJ directed Israel to submit a report detailing its steps to ensure compliance with its directives within one month of the ruling. South Africa will consequently have a chance to respond to this report. However, despite South Africa’s fervent pleas, the Court has once again refused to issue any interim order calling for a ceasefire.

Implications

Since the ICJ lacks any direct enforcement mechanisms, the only way for the interim order to be implemented is if the UN Security Council shows willingness to act on it. But the United States, Israel’s strongest ally, has repeatedly used its veto powers to shield Tel Aviv from demands for a ceasefire. However, on March 25, it abstained from voting on a similar UN resolution, signalling a change in the Biden administration’s policy towards the war.

The U.S. has long maintained that Israel’s military operations in Rafah are “limited” and that it would not support any major ground offensive without a credible plan to protect civilians. However, given that both the top international courts have raised concerns about Israel’s operations, Washington’s stance on upholding international law appears inconsistent when it comes to defending its allies.

Israeli officials have interpreted Friday’s ruling as a “limited order” that instructs it to abide by the Genocide Convention during its activities in Rafah, but does not require a complete halt to military operations there. “The order in regard to the Rafah operation is not a general order,” an official told Reuters on condition of anonymity, highlighting that the phrasing of the ICJ ruling does not rule out all military action.

However, Tel Aviv’s continued defiance seems to be increasingly turning international public opinion against it. Last week, Norway, Ireland and Spain announced that they would unilaterally recognise a Palestine state.

Adil Ahmad Haque, law professor and Judge Jon O. Newman scholar at Rutgers Law School agreed that the Court’s order is “somewhat ambiguous”. He wrote that a plausible interpretation of the ruling could mean that Israel must immediately halt its military operations in Rafah to the extent that it may inflict on the Palestinian group in Gaza “conditions of life that could bring about its physical destruction in whole or in part”. However, Mr. Haque maintained that the present offensive, as currently planned and executed, is prohibited under any reading of the order.





Source link

World Tags:hamas october 7 attack, ICJ on Israel’s Gaza offensive, ICJ Ruling rafah what happens next, ICJ ruling what do experts say, International Court of Justice, International Court of Justice on Israel-Palestine war, Israel Hamas War Updates, rafah, Rafah ICJ ruling explained, what if Israel does not comply with the ICJ, what was the ICJ ruling in SA v Israel

Post navigation

Previous Post: North Korea appears to have fired a missile into the sea, Japan and South Korea say
Next Post: Gunmen kidnap 150 people in central Nigeria: officials

Related Posts

  • Access Denied World
  • Ceasefire with Afghanistan hinges on Taliban’s commitment to rein in terrorists, says Khawaja Asif
    Ceasefire with Afghanistan hinges on Taliban’s commitment to rein in terrorists, says Khawaja Asif World
  • Aunts In China Donate Skin, Shave Heads To Save Badly Injured Niece, Nephew
    Aunts In China Donate Skin, Shave Heads To Save Badly Injured Niece, Nephew World
  • House Republicans drop Jim Jordan as their nominee for speaker, stumbling back to square one
    House Republicans drop Jim Jordan as their nominee for speaker, stumbling back to square one World
  • Imran Khan’s son urges international community to intervene, says father needs urgent medical attention
    Imran Khan’s son urges international community to intervene, says father needs urgent medical attention World
  • Access Denied World

More Related Articles

Trump To Iran Amid Death Threats Trump To Iran Amid Death Threats World
Canadian Student Eats Jawbreaker Candy, Ends Up Splitting Her Jaw In Two Canadian Student Eats Jawbreaker Candy, Ends Up Splitting Her Jaw In Two World
Russia says captured three more east Ukrainian villages Russia says captured three more east Ukrainian villages World
Access Denied World
Michaela DePrince, America’s Trailblazing Ballerina, Dies Aged 29 Michaela DePrince, America’s Trailblazing Ballerina, Dies Aged 29 World
Protest call as Russian vote to confirm Putin wraps up Protest call as Russian vote to confirm Putin wraps up World
SiteLock

Archives

  • October 2026
  • September 2026
  • August 2026
  • July 2026
  • June 2026
  • May 2026
  • April 2026
  • March 2026
  • February 2026
  • January 2026
  • December 2025
  • November 2025
  • October 2025
  • September 2025
  • August 2025
  • July 2025
  • June 2025
  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022

Categories

  • Business
  • Nation
  • Science
  • Sports
  • World

Recent Posts

  • Saudi Supreme Court sets aside Sri Lankan migrant worker’s death penalty
  • Nedumbassery accident: CPI(M) stages protest march to police station over ‘indifference’ in handling of case
  • Why CJI Surya Kant said ‘no’ to Rahul Gandhi’s request to meet | Explained
  • September WPI Inflation rises to 11.39% as food, fuel and manufactured goods prices increase
  • Frankfurt-Delhi Air India flight diverted to Jaipur following bomb threat

Recent Comments

  1. RobertTes on UP Teacher Who Asked Students To Slap Muslim Classmate
  2. Manuelret on UP Teacher Who Asked Students To Slap Muslim Classmate
  3. RobertTes on UP Teacher Who Asked Students To Slap Muslim Classmate
  4. RobertTes on UP Teacher Who Asked Students To Slap Muslim Classmate
  5. BrentWes on UP Teacher Who Asked Students To Slap Muslim Classmate
  • Access Denied Sports
  • Swati Maliwal Assault Case Accused Bibhav Kumar Sent To 3-Day Police Custody
    Swati Maliwal Assault Case Accused Bibhav Kumar Sent To 3-Day Police Custody Nation
  • 3 Men Sentenced To Death For Killing Three Children In UP: Cops
    3 Men Sentenced To Death For Killing Three Children In UP: Cops Nation
  • Access Denied Business
  • CM Vijay holds meeting on removal of silt from waterbodies
    CM Vijay holds meeting on removal of silt from waterbodies Nation
  • Canada’s Carney pushes ‘new alliance’ with EU despite Trump threats
    Canada’s Carney pushes ‘new alliance’ with EU despite Trump threats World
  • Ben Shelton stuns Carlos Alcaraz in latest-ever U.S. Open finish
    Ben Shelton stuns Carlos Alcaraz in latest-ever U.S. Open finish Sports
  • Ukraine says it shot down 33,000 Russian drones in March, monthly record
    Ukraine says it shot down 33,000 Russian drones in March, monthly record World

Editor-in-Chief:
Mohammad Ariff,
MSW, MAJMC, BSW, DTL, CTS, CNM, CCR, CAL, RSL, ASOC.
editor@artifex.news

Associate Editors:
1. Zenellis R. Tuba,
zenelis@artifex.news
2. Haris Daniyel
daniyel@artifex.news

Photograher:
Rohan Das
rohan@artifex.news

Associate Journalists
1. Subrata Paul - AN/2020/01
2. Quamruz Zaman - AN/2021/22
3. Ahmed Sha - AN/2021/035
4. Ajay Kumar Shaw - AN/2021/39
5. Tahqiqul Hoda - AN/2021/21

Artifex.News offers Online Paid Internships to college students from India and Abroad. Interns will get a PRESS CARD and other online offers.
Send your CV (Subjectline: Paid Internship) to internship@artifex.news

Links:
Associate Journalism
About Us
Privacy Policy

News Links:
Breaking News
World
Nation
Sports
Business
Entertainment
Lifestyle

Registered Office:
72/A, Elliot Road, Kolkata - 700016
Tel: 033-22277777, 033-22172217
Email: office@artifex.news

Editorial Office / News Desk:
No. 13, Mezzanine Floor, Esplanade Metro Rail Station,
12 J. L. Nehru Road, Kolkata - 700069.
(Entry from Gate No. 5)
Tel: 033-46011099, 033-46046046
Email: editor@artifex.news

Copyright © 2023 Artifex.News Newsportal designed by Artifex Infotech.