Today’s exceptionally significant Order by the International Court of Justice (ICJ) against Israel to immediate halt its military offensive on Rafah must now be followed by tangible action from all governments and UN bodies to ensure Israel’s full compliance.
In making its Order, the Court emphasised that the catastrophic humanitarian situation in the Gaza Strip has continued to deteriorate despite its previous legally binding orders of 26 January 2024 and 28 March 2024. It noted that since Israel began its military offensive on 7 May, nearly 800,000 Palestinians have been displaced from Rafah as at 18 May 2024, and crucially asserted it is:
“not convinced that the evacuation efforts and related measures that Israel affirms to have undertaken to enhance the security of civilians in the Gaza Strip, and in particular those recently displaced from the Rafah Governorate, are sufficient to alleviate the immense risk to which the Palestinian population is exposed as a result of the military offensive in Rafah.”
In addition to ordering Israel to “immediate 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 ICJ ordered Israel to:
“Maintain open the Rafah crossing for unhindered provision at scale of urgently needed basic services and humanitarian assistance.”
“Take effective measures to ensure the unimpeded access to the Gaza Strip of any commission of inquiry, fact-finding mission or other investigative body mandated by competent organs of the United Nations to investigate allegations of genocide.”
“The provisional measures in its [ICJ] Orders dated 26 January 2024 and 28 March 2024 should be immediately and effectively implemented.”
The government of Israel has demonstrated its unwillingness to act in compliance with previous legally binding ICJ orders. It is therefore vital that all governments and UN bodies take necessary lawful measures to compel Israel’s immediate and full compliance. The fundamental rights of the extremely vulnerable Palestinian population of Gaza, including their right to life, gravely depend upon it.