International Court of Justice to rule on Israel’s Rafah offensive, but officials say ‘no power’ will stop them
The International Court of Justice is set to rule on South Africa’s request to order a halt to Israel’s Rafah offensive in Gaza.
The ICJ, the UN’s top court, said it would rule on the request on Saturday (AEST).
South Africa has petitioned the court to order a halt to Israel’s offensive in the Gaza Strip, including in Rafah, where it is pressing a new offensive, to ensure the survival of the Palestinian people.
Sign up to The Nightly's newsletters.
Get the first look at the digital newspaper, curated daily stories and breaking headlines delivered to your inbox.
By continuing you agree to our Terms and Privacy Policy.The demand for such an emergency measure is part of a larger case brought before the ICJ by South Africa accusing Israel of genocide.
Israel has denounced South Africa’s claim that it is violating the 1948 Genocide Convention, saying this makes a mockery of the crime of genocide.
Lawyers for Israel have said South Africa’s case is “totally divorced” from reality.
The court has previously rejected Israel’s demand to throw out the case and has ordered it to prevent acts of genocide against the Palestinians while stopping short of ordering a halt to Israeli military operations.
South Africa asked for additional emergency measures to protect Rafah, where more than a million Palestinians have been sheltering.
It also asked the panel of 15 permanent judges to order Israel to allow unimpeded access to Gaza for United Nations officials, organisations providing humanitarian aid, journalists and investigators.
Multiple Israeli media outlets report that Jerusalem was preparing for the imminent ruling and was concerned it would include an order to either stop the operation in Rafah or stop the war entirely.
However, Israel’s Channel 12 cited unnamed officials as saying Israel does not intend to uphold such a ruling.
Speaking ahead of the decision, a government spokesperson told Reuters: “No power on Earth will stop Israel from protecting its citizens and going after Hamas in Gaza.
The rulings of the ICJ are binding but it has no power to enforce them — for instance, Russia ignored its order to cease its invasion of Ukraine.
Israel launched its assault on Gaza after Hamas-led militants stormed into southern Israel on October 7, killing 1200 people and seizing more than 250 hostages according to Israeli tallies.
More than 35,000 Palestinians have since been killed in the Israeli assault on Gaza, with at least 10,000 more missing, Gaza’s health ministry says.
On Monday, International Criminal Court chief prosecutor Karim Khan — a separate court also based in The Hague — requested arrest warrants against Israeli Prime Minister Benjamin Netanyahu, his defence chief and three Hamas leaders over alleged war crimes.
The ICC prosecutes individuals for alleged war crimes, crimes against humanity and genocide, while the ICJ is the highest UN body for disputes between states.
