This follows a request from South Africa in a pending case
accusing Israel of violating its obligations under the Genocide
Convention.
Reading the new provisional measures in
an open session at the court in The Hague, ICJ Justice Nawaf Salam
announced that Israel must abide by its obligations under the
Genocide Convention to
“immediately halt its military offensive and any other action in
the Rafah governate which may inflict upon the Palestinian group
in Gaza conditions of life that would bring about its physical
destruction in whole and in part”.
The court issued that decision by 13 votes in favour to two
against.
The new provisional measures came in response to South Africa's
request made on 10 May
related to its initial accusations in December that Israel is
violating its obligations under the Genocide Convention during
the war in Gaza, which broke out after Hamas-led attacks on
Israel in October that killed more than 1,200 people and left
another 250 taken hostage.
Israel's military response has, to date, killed nearly 36,000
Palestinians and caused widespread destruction and a looming
famine in the besieged and bombarded enclave.
Court orders opening of Rafah border crossing
Given the worsening conditions on the ground since Israel's
incursion into Rafah on 7 May, the court decided, also by votes
of 13 in favour to two against, the new provisional measures
shall require Israel to open the Rafah crossing for the
unhindered delivery of urgent humanitarian aid and ensure
unimpeded access for fact-finding missions to investigate
allegations of genocide.
The Rafah border crossing, which has been the main entry point
for aid to the enclave, has been closed since 7 May.
“The court is not convinced that evacuation efforts and related
measures that Israel has affirmed to have undertaken to enhance
the security of civilians in the Gaza Strip, and in particular
those recently displaced from the Rafah governate, are sufficient
to alleviate immense risks to which the Palestinian population is
exposed as a result of the military offensive in Rafah,” Mr.
Salam said.
In addition, the ICJ ordered Israel to submit a report within one
month on steps taken to implement these provisional measures.
Deteriorating conditions
Mr. Salam said the ICJ had noted that the situation in Gaza has
deteriorated since it last issued provisional measures in March,
adding that since Israel's incursion into Rafah, the Najjar
Hospital was no longer functioning and aid efforts have been
impacted.
The court also noted that Israel's evacuation orders for Rafah
residents had led more than 800,000 people to flee to places like
the coastal area of Al Mawasi, which lacked the basic essentials
and services to accommodate them.
Since taking up South Africa's case in January, the ICJ had
already issued provisional measures in January and March by which Israel must,
among other things, take all steps to ensure sufficient
humanitarian aid enters Gaza.
However, UN agencies are reporting that scant aid is currently
entering Gaza.
Court reiterates call to release hostages
On Friday, Mr. Salam recalled that in the two previous orders for
provisional measures “the court expressed its grave concern over
the fate of the hostages abducted during the attack in Israel on
7 October 2023 and held since then by Hamas and other armed
groups, and called for their immediate and unconditional
release.”
He said “the court finds it deeply troubling that many of these
hostages remain in captivity and reiterates its call for their
immediate and unconditional release.”
What's the difference between the ICJ and the
ICC?
There is frequent confusion between the International Criminal Court
(ICC) and the International Court of Justice
(ICJ). Both courts have open cases against Israel related to
the ongoing conflict in Gaza.
The simplest way to explain the difference is that ICJ cases
involve countries, and the ICC is a criminal court, which brings
cases against individuals for war crimes or crimes against
humanity. While the ICJ is an organ of the United Nations, the
ICC is legally independent of the UN, although it is endorsed by
the General Assembly.
The ICJ is currently considering South Africa's accusations that
Israel is violating the Genocide Convention.
On Monday, the ICC sought arrest warrants
related to possible war crimes against three Hamas leaders and
Israel's Prime Minister, Benjamin Netanyahu, and Defence Minister
Yoav Gallant. The request for the warrants are now being
considered by the court's judges.
