ICJ orders Israel to halt operations in Rafah that risk destruction of civilian population

toomuchtime_

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The International Court of Justice orders Israel to halt military operations in Rafah that would risk the destruction of the civilian population sheltering there.

Israel “must 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,” states the ruling, read out by the court’s president, Nawaf Salam.

While some are reading this as a blanket order to halt the offensive, the wording appears to include some conditionality that would allow Israel to continue operations in Rafah so long as it ensures that the conditions for Palestinians sheltering there do not deteriorate so as to risk their mass-destruction.

Judge Georg Nolte appears to adopt this understanding.

“The measure obliging Israel to halt the current military offensive in Rafah is conditioned by the need to prevent ‘conditions of life that could bring about [the] physical destruction in whole or in part’ of the Palestinian group in Gaza,” he writes in a declaration included in the full ruling.

Notably, nearly one million of the 1.4 million Palestinians sheltering in Rafah have already evacuated, amid IDF orders to do so.


So there is no finding of genocide or war crimes, only a murky order to stop certain unspecified actions that might lead to unspecified dire results. For any who may doubt the ICJ is utterly useless, it ordered Israel to open the Rafah crossing which Egypt has closed.
 
The International Court of Justice orders Israel to halt military operations in Rafah that would risk the destruction of the civilian population sheltering there.

Israel “must 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,” states the ruling, read out by the court’s president, Nawaf Salam.

While some are reading this as a blanket order to halt the offensive, the wording appears to include some conditionality that would allow Israel to continue operations in Rafah so long as it ensures that the conditions for Palestinians sheltering there do not deteriorate so as to risk their mass-destruction.

Judge Georg Nolte appears to adopt this understanding.

“The measure obliging Israel to halt the current military offensive in Rafah is conditioned by the need to prevent ‘conditions of life that could bring about [the] physical destruction in whole or in part’ of the Palestinian group in Gaza,” he writes in a declaration included in the full ruling.

Notably, nearly one million of the 1.4 million Palestinians sheltering in Rafah have already evacuated, amid IDF orders to do so.


So there is no finding of genocide or war crimes, only a murky order to stop certain unspecified actions that might lead to unspecified dire results. For any who may doubt the ICJ is utterly useless, it ordered Israel to open the Rafah crossing which Egypt has closed.
Israel will pay as much attention to the ICJ as the US has.

 
Who is this ICC to order anyone to do anything?

After all, it officially branded you-know-whom a war criminal.

Yet he continues to run rampant in Ukraine.

So Israel is justified in telling this ICC to go jump in the lake.
 
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The IJC military wing would wreak havoc on Israel. If they had a military wing, that is. Lol
True, the Court has no enforcement powers, but it is likely some countries will put forward a UNSC resolution ordering Israel to end military operations in Rafah, and since nearly all the accusations against Israel are built on statements by Biden or Blinken in the last few months, it is not at all clear the US would veto such a resolution.
 
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True, the Court has no enforcement powers, but it is likely some countries will put forward a UNSC resolution ordering Israel to end military operations in Rafah, and since nearly all the accusations against Israel are built on statements by Biden or Blinken in the last few months, it is not at all clear the US would veto such a resolution.
In the end, not my circus, not my monkeys.
 
Netanyahu commands the IDF.

If the IDF launches a full assault in Rafah, HAMAs will be destroyed and the war will end.

If the war ends, an investigation into Netanyahu's & his Lukid party's failures that lead to the Oct. 7 attacks.

If investigated Netanyahu will be removed from power and may be criminally charged.

Therefore, Netanyahu does not want to launch a full assault against Rafah.

He's probably very happy with the ICJ's 'order'.
 

Four ICJ judges argue that court order does not require IDF halting all Rafah operations​

Today, 7:41 pm
At least four of the 15 justices at the International Court of Justice argue that the key operative clause in the court’s ruling, handed out today, does not require that Israel immediately halt all military operations in Rafah, but, rather, that it specifically halt military operations that “could bring about physical destruction in whole or in part” of the Palestinians.

The relevant clause in the ruling states that Israel must “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.”

Former Supreme Court president Aharon Barak, who serves as an ad-hoc judge on the ICJ bench in the case brought against Israel by South Africa, writes, in his dissenting opinion, that the majority decision “requires Israel to halt its military offensive in the Rafah Governorate only in so far as is necessary to comply with Israel’s obligations under the Genocide Convention.”


Therefore, according to Barak, “Israel is not prevented from carrying out its military operation in the Rafah Governorate as long as it fulfills its obligations under the Genocide Convention.”

“As a result,” Barak continues, “the measure is a qualified one, which preserves Israel’s right to prevent and repel threats and attacks by Hamas, defend itself and its citizens, and free the hostages.”

The German judge, Georg Nolte, and the Romanian judge, Bogdan Aurescu – who are both among the 13 judges who voted in favor of this measure – also support Barak’s interpretation of the decree.

It is expected that this interpretation – that Israel is not required to halt any and all operations in Rafah – will become the official position of the Justice Ministry and attorney general.

At least four of the 15 justices at the International Court of Justice argue that the key operative clause in the court’s ruling, handed out today, does not require that Israel immediately halt all military operations in Rafah, but, rather, that it specifically halt military operations that “could bring about physical destruction in whole or in part” of the Palestinians.

The relevant clause in the ruling states that Israel must “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.”

Former Supreme Court president Aharon Barak, who serves as an ad-hoc judge on the ICJ bench in the case brought against Israel by South Africa, writes, in his dissenting opinion, that the majority decision “requires Israel to halt its military offensive in the Rafah Governorate only in so far as is necessary to comply with Israel’s obligations under the Genocide Convention.”

Therefore, according to Barak, “Israel is not prevented from carrying out its military operation in the Rafah Governorate as long as it fulfills its obligations under the Genocide Convention.”
“As a result,” Barak continues, “the measure is a qualified one, which preserves Israel’s right to prevent and repel threats and attacks by Hamas, defend itself and its citizens, and free the hostages.”

The German judge, Georg Nolte, and the Romanian judge, Bogdan Aurescu – who are both among the 13 judges who voted in favor of this measure – also support Barak’s interpretation of the decree.
It is expected that this interpretation – that Israel is not required to halt any and all operations in Rafah – will become the official position of the Justice Ministry and attorney general.

ICJ Vice President Julia Sebutinde (Uganda), who voted against all decisions today, warns against misunderstanding the court’s directive as requiring a unilateral Israeli ceasefire in Rafah. “This measure does not entirely prohibit the Israeli military from operating in Rafah. Instead, it only operates to partially restrict Israel’s offensive in Rafah to the extent it implicates rights under the Genocide Convention,” she writes.

She cautions: “… this directive may be misunderstood as mandating a unilateral ceasefire in Rafah and amounts to micromanaging the hostilities in Gaza by restricting Israel’s ability to pursue its legitimate military objectives, while leaving its enemies, including Hamas, free to attack without Israel being able to respond.”


So basically, the ruling says Israel must continue to adhere to the principle of the Genocide Convention.

Yes, your honor.
 
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The International Court of Justice orders Israel to halt military operations in Rafah that would risk the destruction of the civilian population sheltering there.

Israel “must 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,” states the ruling, read out by the court’s president, Nawaf Salam.

While some are reading this as a blanket order to halt the offensive, the wording appears to include some conditionality that would allow Israel to continue operations in Rafah so long as it ensures that the conditions for Palestinians sheltering there do not deteriorate so as to risk their mass-destruction.

Judge Georg Nolte appears to adopt this understanding.

“The measure obliging Israel to halt the current military offensive in Rafah is conditioned by the need to prevent ‘conditions of life that could bring about [the] physical destruction in whole or in part’ of the Palestinian group in Gaza,” he writes in a declaration included in the full ruling.

Notably, nearly one million of the 1.4 million Palestinians sheltering in Rafah have already evacuated, amid IDF orders to do so.


So there is no finding of genocide or war crimes, only a murky order to stop certain unspecified actions that might lead to unspecified dire results. For any who may doubt the ICJ is utterly useless, it ordered Israel to open the Rafah crossing which Egypt has closed.
The ICJ has no jurisdiction nor teeth in this matter...

Death to Hamas.

Go Team Israel.


u9TmNg.gif
 
An organisation which has branded Israel with shame in the world community. No doubt the US is itching to join its best ally there.
If you were able to read the ruling correctly, the court simply told Israel to keep on doing what it has been doing.
 
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The ICJ has no jurisdiction nor teeth in this matter...

Death to Hamas.

Go Team Israel.


u9TmNg.gif
Technically its rulings are binding on all UN members, but it has no enforcement powers, so all it can do is recommend to the UNSC to pass a resolution supporting the ruling.

Since the signatories to the Genocide Convention, such as Israel, are bound to not only not commit genocide but also to take actions to prevent genocide, which is what the court did when it ordered Israel to stop all actions that might lead to the destruction of the Palestinian people (genocide), and since nothing Israel is doing could lead to that result, essentially the court said, just keep doing what you are doing but carefully.

The court could have said this more succinctly by just telling South Africa to fuck off.
 
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Keep thinking the US and Israel are not being isolated. That will console you.
 

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