• Mixed reaction trails ruling
The International Court of Justice delivered its Order, opens new tab on the request for the modification and the indication of provisional measures submitted by South Africa on 10 May 2024 in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel). The order was delivered on Friday.
In its Order, the Court:
“(1) By thirteen votes to two: Reaffirms the provisional measures indicated in its Orders of 26 January 2024 and 28 March 2024, which should be immediately and effectively implemented;
In favour: President Salam; Judges Abraham, Yusuf, Xue, Bhandari, Iwasawa, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi;
Against: Vice-President Sebutinde; Judge ad hoc Barak;
(2) Indicates the following provisional measures: The State of Israel shall, in conformity with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, and in view of the worsening conditions of life faced by civilians in the Rafah Governorate:
(a) By thirteen votes to two: 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;
In favour: President Salam; Judges Abraham, Yusuf, Xue, Bhandari, Iwasawa, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi;
Against: Vice-President Sebutinde; Judge ad hoc Barak;
(b) By thirteen votes to two: Maintain open the Rafah crossing for unhindered provision at scale of urgently needed basic services and humanitarian assistance;
In favour: President Salam; Judges Abraham, Yusuf, Xue, Bhandari, Iwasawa, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi;
Against: Vice-President Sebutinde; Judge ad hoc Barak;
(c) By thirteen votes to two: 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;
In favour: President Salam; Judges Abraham, Yusuf, Xue, Bhandari, Iwasawa, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi;
Against: Vice-President Sebutinde; Judge ad hoc Barak;
(3) By thirteen votes to two: Decides that the State of Israel shall submit a report to the Court on all measures taken to give effect to this Order, within one month as from the date of this Order.
In favour: President Salam; Judges Abraham, Yusuf, Xue, Bhandari, Iwasawa, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi;
Against: Vice-President Sebutinde; Judge ad hoc Barak.”
* Vice-President Sebutinde appends a dissenting opinion to the Order of the Court; Judges Nolte, Aurescu and Tladi append declarations to the Order of the Court; Judge ad hoc Barak appends a dissenting opinion to the Order of the Court.
In its Order, the Court emphasizes that the catastrophic humanitarian situation in the Gaza Strip which, as stated in its Order of 26 January 2024, was at serious risk of deteriorating, has deteriorated, and has done so even further since the Court adopted its Order of 28 March 2024. It notes that, “(a)fter weeks of intensification of military bombardments of Rafah, where more than a million Palestinians had fled as a result of Israeli evacuation orders covering more than three quarters of Gaza’s entire territory, on 6 May 2024, nearly 100,000 Palestinians were ordered by Israel to evacuate the eastern portion of Rafah and relocate to the Al-Mawasi and Khan Younis areas ahead of a planned military offensive.
The military ground offensive in Rafah, which Israel started on 7 May 2024, is still ongoing and has led to new evacuation orders. As a result, according to United Nations reports, nearly 800,000 people have been displaced from Rafah as at 18 May 2024.”
The Court considers that these developments are exceptionally grave and constitute “a change in the situation within the meaning of Article 76 of the Rules of Court”. The Court is also of the view that the provisional measures indicated in its Order of 28 March 2024, as well as those reaffirmed therein, do not fully address the consequences arising from the change in the situation, thus justifying the modification of these measures.
The Court further considers that, on the basis of the information before it, the immense risks associated with a military offensive in Rafah have started to materialize and will intensify even further if the operation continues. In addition, the Court 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”.
… Reaction to Court’s order
Here are some reactions:
Hamas official Basem Naim: “We welcome the decision by the World Court that calls on the Zionist occupation forces to end its military aggression on Rafah. We believe it is not enough since the occupation aggression across the Gaza Strip and especially in northern Gaza is just as brutal and dangerous.
“We call upon the U.N. Security Council to immediately implement this demand by the World Court into practical measures to compel the Zionist enemy to implement the decision.
“We welcome the court’s request to allow investigation committees to reach the Gaza Strip to investigate acts of war of genocide against the Palestinian people and Hamas pledges to cooperate with investigation committees.”
Palestinian Authority spokesperson Nabil Abu Rudeineh: “The presidency welcomes the decision issued by the International Court of Justice, which represents an international consensus on the demand to stop the all-out war on Gaza.”
Israel PM’s office and foreign ministry, joint statement: “South Africa’s accusations against Israel at the International Court of Justice in The Hague regarding ‘genocide’ are false, outrageous and disgusting. Israel has not and will not carry out a military campaign in the Rafah area that creates living conditions that could lead to the destruction of the Palestinian civilian population, in whole or in part. Those who demand that the State of Israel stop the war, demand that it decree itself to cease to exist. We will not agree to that.”
Israel opposition leader Yair Lapid: “The ICC arrest warrants are a complete moral failure, we cannot accept the outrageous comparison between Netanyahu and (Hamas leader) Sinwar, between the leaders of Israel and the leaders of Hamas.
“The fact that the court in the Hague did not make the connection in its ruling between the cessation of fighting in Rafah and the return of the hostages and Israel’s right to defend itself against terrorism is a moral collapse and a moral disaster.”
Israel former U.N. envoy Danny Danon: “As ICJ judges in The Hague deliberate in comfort and return to their families, 125 hostages languish in tunnels. Israel will not cease the war until our hostages are brought back home and Hamas is completely defeated.”
Israel war cabinet minister Benny Gantz: “The State of Israel set out on a just and necessary campaign following the brutal massacre of its citizens, abhorrent sexual violence perpetrated against its women, kidnapping of its children and rockets fired at its cities. The State of Israel is committed to continue fighting to return its hostages and promise the security of its citizens – wherever and whenever necessary including in Rafah.
“We will continue operating in accordance with international law wherever we might operate, while safeguarding to the best extent possible the civilian population. Not because of the ICJ, but because of who we are and the values we stand for.”
Israeli government spokesperson before the ruling: “No power on Earth will stop Israel from protecting its citizens and going after Hamas in Gaza”.
White House national security council spokesperson: “We’ve been clear and consistent on our position on Rafah.”
South African President Cyril Ramaphosa: “South Africa welcomes the order handed down by the International Court of Justice today. We are gravely concerned that Israel has restricted necessary levels of aid from entering Gaza and has systematically targeted aid and aid infrastructure within Gaza.
“This case is thus focused on the ordinary Palestinians in Gaza who are now facing their seventh month of suffering through collective punishment for something for which they have no individual responsibility. South Africa remains concerned that the United Nations Security Council has so far not succeeded in stopping the human suffering.”
EU’s top diplomat Josep Borrell: “What is going to be the (EU’s) answer to the ruling of the International Court of Justice that has been issued today, what is going to be our position? We will have to choose between our support to international institutions of the rule of law or our support to Israel.”
Belgian foreign minister Hadja Lahbib: “The @CIJ_ICJ orders Israel to stop its military offensive in Rafah. (Belgium) calls for immediate implementation of the decision. The violence and human suffering in Gaza must stop. We call for a ceasefire, the release of the hostages and negotiations for two States.”
Global Rights Compliance NGO: “The ruling today serves as another admonishment of Israel’s flagrant disregard for international law and the obligation to protect civilians in conflict.
“Crucially, it gives critical recognition to survivors and the communities living under these attacks that they are unlawful. The ruling is likely to generate further pressure and international attention against Israel and their conduct of hostilities which has, to date, had all the hallmarks of starvation being used as a deliberate method of warfare.”
Jordan foreign minister Ayman Safadi: “Once again, the ICJ exposes Israel’s war crimes in Gaza. And once again, the Israeli Govt reacts with disdain to Int’l law, refusing to heed the Court’s orders. The SC (Security Council) must shoulder its responsibility, put an end to Israel’s impunity & to double standards in enforcing Int’l law.”
Reed Brody, war crimes prosecutor: “The ICJ has stepped up to the plate with an historic decision that responds to the escalating gravity of the situation in Gaza. The court has crossed a threshold, for the first time, by ordering Israel to halt specific military operations as well as to open the Rafah crossing and other crossings and allow access to international fact-finding missions.
“This legally binding and very specific ruling leaves Israel with very little wiggle room. Together with the ICC prosecutor’s request for indictments of Prime Minister Netanyahu and other top Israeli and Hamas officials, these actions are a 1-2 legal punch to the conduct of Israel’s war in Gaza.”
Egyptian foreign ministry: “Egypt calls on Israel to comply with its legal obligations within the framework of the Convention on the Prevention and Punishment of the Crime of Genocide and international humanitarian law, and to implement all interim measures issued by the ICJ, which are considered legally binding and enforceable, as they are issued by the highest international judicial body.
“Egypt stresses that Israel bears full legal responsibility for the deteriorating humanitarian conditions in the Gaza Strip as the occupying power, calling on Israel to stop its systematic policies against the Palestinian people of targeting, starvation and siege in violation of all provisions of international law and international humanitarian law.”
Norwegian foreign minister Espen Barth Eide: “I expect Israel to carry out the measures that have been ordered. Respect for the court and its functions, including the authority to order interim measures, is essential to strengthening international law and the international legal order.”
Canadian deputy prime minister Chrystia Freeland: Freeland, reacting to the ruling, said she expected all parties to follow international law.
Saudi Arabian foreign ministry: “Saudi Arabia welcomes the decision issued by the International Court of Justice ordering Israel to immediately stop the military offensive or any other actions in Rafah, in accordance with the Convention on the Prevention and Punishment of the Crime of Genocide.”
Turkish foreign ministry: “We welcome the interim decision … ordering Israel to halt its attacks on Rafah in Gaza and immediately open the Rafah border gate to humanitarian aid.
“No country in the world is above the law. We expect all decisions taken by the Court to be quickly implemented by Israel. To ensure this, we invite the U.N. Security Council to do its part.”
Council on American-Islamic relations: “We applaud this binding order by the United Nations’ top court demanding an immediate end to Israel’s slaughter and forced displacement of Palestinian civilians in Rafah.
“While the Biden administration stands alone in continuing to offer full support for Israel’s genocide in Gaza, the international community is increasingly pushing back against the slaughter, forced starvation and ethnic cleansing Israel’s far-right government is inflicting on the Palestinian people.
“Israel is clearly attempting to make Gaza uninhabitable. It must be stopped from completing this monstrous goal. President Biden must honor this important ruling by immediately ending all military assistance to Israel’s genocide.”