UN Court Orders Israel to Halt Its Military Operations in Rafah

The United Nations’ top court ordered Israel to immediately halt its military operations in the Rafah region of the Gaza Strip، partially granting a request by South Africa in a case over genocide allegations.

Israel must open the Rafah border crossing for humanitarian assistance and submit a report on the measures it’s taking to do that within one month، the International Court of Justice ruled by a vote of 13-2 on Friday. The ICJ’s judgments are binding، with no right of appeal، but it has no mechanism to enforce any order.

The humanitarian situation is disastrous

“The catastrophic humanitarian situation in the Gaza strip has deteriorated and has done so even further” since the court adopted its order of March 28، court president Nawaf Salam said as he read the verdict. “And the humanitarian situation is to be regarded as disastrous،” he said، as the court also ordered Israel to allow “unimpeded access” for UN and other international investigators looking into allegations of genocide.

South Africa had asked the court to deliver an urgent order to protect Palestinians in Gaza from “irreparable violations” of their rights due to Israel’s military operation in Rafah in hearing last week. Israel denied in those hearings that it is committing genocide in Gaza and said South Africa’s request had “blatant distortions.”

“Those who demand that Israel stop the war، demand that Israel decrees itself to cease from existence. We will not agree to that،” Israel’s Finance Minister Bezalel Smotrich in a post on X، reacting to Friday’s verdict. “We continue to fight for ourselves and for the entire free world.”

Israeli Prime Minister Benjamin Netanyahu is due to hold an telephone consultation with Israel’s Attorney General and several cabinet ministers including Justice Minister Yariv Levin.

The war in Gaza broke out after Hamas، designated as a terrorist organization by the US and European Union، attacked Israel on Oct. 7. The invasion killed 1،200 people and 250 were abducted. Israel’s retaliatory operation left about 35،000 Palestinians dead in Gaza، according to authorities in the Hamas-run enclave.

Friday’s decision comes nearly five months after South Africa called upon the ICJ to order Israel to end its war on Hamas in Gaza and rule that its actions constitute genocide. The United Nations top court told Israel it must protect Gazans but avoided demanding an immediate cease-fire in its interim ruling on Jan. 26.

The definition of genocide

Genocide is defined as the killing of members of a national، ethnic، racial and religious group، with the intent of completely or partly destroying that group. The tribunal in March ordered Israel to ensure measures for the unhindered provision of urgently-needed basic services and humanitarian assistance to Palestinians throughout Gaza.

Israel continued to ignore the ICJ’s previous orders، South Africa told the court in its application on May 10، while seeking the indication of additional provisional measures. It said the provisional measures previously indicated by the court were not capable of fully addressing what it referred to as “new facts and changes in the situation” in Gaza.

“This war، like all wars، is tragic and terrible for Israelis and Palestinians and it has exacted a terrible human price. But it is not a genocide،” Israel’s lawyer Gilad Noam told the United Nations court on May 17.

Israel has made clear it intends to continue operating in Rafah، which it says is Hamas’ last bastion in Gaza.

The city، which borders Egypt، had about 1.4 million civilians before Israel’s military started urging them to move out in early May. Most of those people fled there after the Israel-Hamas war erupted in October، something Israel encouraged as its forces initially concentrated on northern parts of the Gaza Strip.