ICJ orders Israel to halt military assault in Rafah: The case and the ruling

ICJ orders Israel to halt military assault in Rafah: The case and the ruling

Sub: IR

Sec: Int Org

Tags : ICJ

Context:

• The International Court of Justice (ICJ) at The Hague, Netherlands, on May 24 ordered Israel to halt its military assault in the city of Rafah.

More on news:

• The new order has come in regard to a fresh request made by South Africa on May 10.
• The March 28 order said that Israel, 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 faced by Palestinians in Gaza must take all necessary and effective action to ensure basic food supplies arrive without delay to the Palestinians in Gaza.

About the case:

• South Africa approached ICJ, asking for an urgent order to protect the Palestinians in Gaza from grave and irreparable violation of their rights, owing to Israel’s ongoing military assault on Rafah.
• The situation brought about by the Israeli assault on Rafah, and the extreme risk it poses to humanitarian supplies and basic services into Gaza.
• The country accused Israel of conducting a brutal military attack on the sole remaining refuge of the Palestinian people in Gaza, who were simultaneously being subjected to a humanitarian aid blockage. South Africa called for an urgent ceasefire for the sake of humanity and to prevent further violations of the Genocide Convention.

About the ruling:

• The ICJ, in a 13:2 majority, ruled that Israel must immediately halt its military offensive and any other action in the Rafah Governorate that may inflict on the Palestinian group in Gaza conditions of life that could bring about its physical destruction in whole or in part.
• The court also directed Israel to open the Rafah crossing between Egypt and Gaza to allow the flow of humanitarian aid.
• It asked the Jewish state to provide access for any fact-finding or investigative missions sent by the UN to investigate the genocide allegations in Gaza.
• Israel was ordered to report back on its progress to the ICJ within a month.
• Rulings by ICJ are legally binding but it has no way of enforcing them.

Article 76 of the Rules of Court:

• It says that the ICJ at the request of a party or on its own, may at any time before the final judgment, revoke or modify any decision concerning provisional measures if  in its opinion, “some change in the situation” justifies such revocation or modification.

About Genocide Convention:

• The Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) is an instrument of international law that codified for the first time the crime of genocide.
• The Genocide Convention was the first human rights treaty adopted by the General Assembly of the UN on 9 December 1948.

About International Court of Justice (ICJ):

• The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN).
• It was established in June 1945 by the Charter of the United Nations and began work in April 1946.
• The seat of the Court is at the Peace Palace in The Hague (Netherlands).
• The Court’s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies.
• The Court is composed of 15 judges, who are elected for terms of office of nine years by the United Nations General Assembly and the Security Council.