UN Secretary-General Antonio Guterres has underscored that the International Court of Justice rulings are “binding” after the top court ordered Israel to halt military operations in Rafah. The court on Friday ordered Israel to halt military operations in Rafah, a landmark ruling likely to increase mounting international pressure on Israel more than seven months into the Gaza war.
It ruled that Israel must “immediately halt its military offensive and any other action in the Rafah Governorate.
In response, Guterres stressed that “decisions of the Court are binding and trusts that the parties will duly comply with the Order from the Court”. Israeli Prime Minister Benjamin Netanyahu’s office said he would consult senior ministers by phone.
Israel’s far-right Finance Minister Bezalel Smotrich responded to the ruling on X, formerly Twitter, saying “history will judge those who stand today alongside the Nazis of Hamas Daesh,” referring to the group. The top United Nations court on Friday also called for the immediate release of hostages taken by Hamas in its October 7 assault on Israel.
“The court finds it deeply troubling that many of these hostages remain in captivity and reiterates its call for their immediate and unconditional release,” the International Court of Justice said. Added to this, the court on Friday ordered Israel to keep open the Rafah crossing to ensure the “unhindered” access of humanitarian aid.
Israel had argued before the court that an order to stop military activity would give free rein to Hamas extremists and prevent its army from rescuing hostages taken in the group’s brutal October 7 attack.
More than 1,200 people were killed in that attack.
Israel responded with over 35-thousand Palestinians reportedly being killed. South Africa hailed the ruling, with Foreign Minister Naledi Pandor saying it was a “much stronger… set of provisional measures, a very clear call for a cessation.” The ICJ ruling comes hot on the heels of another highly charged decision Monday by the International Criminal Court prosecutor to seek arrest warrants for top Israeli and Hamas leaders.
Prosecutor Karim Khan alleged that senior Israeli leaders, including Prime Minister Netanyahu, plus top Hamas officials, were guilty of war crimes and crimes against humanity related to the war in Gaza and the October 7 attack. South Africa brought the case before the ICJ last year alleging that Israel’s Gaza offensive breached the 1948 UN Genocide Convention – a charge strongly denied by Israel.
In a ruling on January 26 that made headlines worldwide, the ICJ ordered Israel to do everything it could to prevent acts of genocide during its military operation in Gaza. The ICJ on Friday also ordered Israel to ensure “unimpeded access” to UN-mandated investigators to look into allegations of genocide.
South Africa has returned several times to the ICJ arguing that the dire humanitarian situation in Gaza compels the court to issue further fresh emergency measures. In public hearings last week, South Africa argued the only way to enable humanitarian aid in to ease the crisis in Gaza was a full halt to Israel’s military operations.
The court will take months if not years to rule on the broader South African genocide case, but it can order urgent measures while weighing its decision. The ICJ described the humanitarian situation as “disastrous” and that Israel’s evacuation efforts were insufficient.
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