ICJ ordering new provisional measures today at South Africa's (4th) request.
South Africa’s case at the ICJ requests a halt to the Israeli military offensive in Gaza, while accusing Israel of “genocide”.
South Africa argues that the recent Israeli operation in Rafah changed the situation on the ground following the court’s January order that urged Israel to do everything in its power to prevent genocidal acts in Gaza – but stopped short of ordering a ceasefire.
Israel defended the military necessity of its Gaza offensive at the ICJ and asked judges to throw out the request by South Africa to order it to halt operations in Rafah and withdraw from the Palestinian territory.
Israel’s Deputy Attorney General for International Law, Gilad Noam, argued before the court that his country is fighting a war against Hamas and denied that genocide is being committed.
ICJ: Humanitarian situation in Rafah is ‘disastrous’
Nawaf Salam, the president of the International Court of Justice, says the humanitarian situation in Rafah has “deteriorated further” since the last court order in March. The humanitarian situation in Rafah is now classified as “disastrous”, he adds.
ICJ says Israel’s evacuation efforts are not sufficient
Judge Salam says the court is not convinced that Israel’s evacuation efforts in Gaza are sufficient.
“The court is not convinced that the evacuation efforts and the 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 Rafah governorate sufficient to alleviate the immense risk, which the Palestinian population is exposed to as a result of the military offensive in Rafah,” he said.
Court orders Israel to halt Rafah offensive
In his reading of the ruling, Judge Salam says the court orders Israel to halt its Rafah offensive.
“Israel must immediately halt its military offensive or 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,” Salam says.
Israel must ensure access of investigators to Gaza: ICJ
“Israel must take effective measures to ensure the unimpeded access to the Gaza Strip of any commission of inquiry, fact-finding mission or investigative body mandated by the competent organs of the UN to investigate allegations of genocide,” Judge Salam says.
Salam added that the provisional measures taken by Israel after the ICJ’s previous verdict on Gaza do not fully address the consequences of the changed situation.
Conditions have been met for new emergency measures: ICJ
The ICJ has said that the current situation entails further risks to irreparable damage to the rights of the people in Gaza. It added that conditions have been met for new emergency measures in Israel’s genocide case.
