Israel-Hamas War: Israel will not obey ICJ's order, says decision to stop operation in Rafah is false

Due to the Israel-Hamas war, they have defied the International Court of Justice (ICJ) and clearly refused to accept its order. Israel was ordered to halt its operations in the southern Gaza city of Rafah after Israel called the order "outrageous, morally repugnant and disgusting", and said allegations of genocide in Gaza "are false." The UN emergency aid chief said Israel's war on Gaza is "a tragedy beyond words", and it must "end this nightmare."

Israel's National Security Council and Foreign Ministry issued a joint statement responding to the ICJ ruling on Rafah, saying that the genocide charges brought by South Africa against Israel at the ICJ in The Hague were “false, outrageous and morally repugnant. However, it also said Israel “has not and will not conduct operations that risk the destruction of the civilian population in southern Gaza City.”

It also stressed that Israel has launched a defensive and just war to eliminate Hamas and ensure the release of Israeli hostages. Here, following the horrific attack against Israeli civilians on October 7, 2023, Israel launched a defensive and just war to eliminate Hamas and ensure the release of our hostages.

The statement said Israel is acting on the basis of its right to defend its territory and its citizens, in line with its moral values and in compliance with international law, including international humanitarian law. Furthermore, it stressed that Israel has not and will not take military action in the Rafah area that could harm the Palestinian civilian population in Gaza.

The decision marks the third time this year that the 15-judge panel has issued preliminary rulings aimed at curbing the death toll and reducing human suffering in Gaza. However, it is pertinent to note that although the orders are legally binding, the court has no police to enforce them.

Nearly one million of the 1.4 million Palestinians sheltering in Rafah have already evacuated after being ordered to do so by the IDF. Along with its orders regarding Israel's military operation in Rafah, the court also ordered Israel to "keep open" the Rafah border crossing between Egypt and Gaza, so as to allow “largely uninterrupted provision” of humanitarian assistance in the region.

Israel's Foreign Ministry and the NSC also said in their statement that Israel "will continue its efforts to enable humanitarian assistance and will act in full compliance with the law, to minimize harm to the civilian population in Gaza as much as possible." 

Meanwhile, Jerusalem stressed that it is committed to allowing aid to be delivered through the gateway. “Israel will continue to keep the Rafah crossing open for the entry of humanitarian aid from the Egyptian side of the border and will prevent terrorist groups from controlling the route,” Israel said in the statement.

Egypt has refused to reopen the crossing since Israel captured the Gaza Strip on May 7. It does not want to see itself as a partner and Cairo has refused to reopen Rafah until Israeli troops withdraw from the other side.

In its war against Hamas in Gaza, Israel vehemently denies any genocide. Over 3,000 Palestinians were forced to leave Rafah, which is home to almost half of the country's 2.3 million inhabitants after Israel launched an attack on the city this month.

Organizations from around the world claim that the Israeli operation has severed the enclave's connection to the outside world and raised the possibility of starvation in Rafah, which is located on Gaza's southern border. Additionally, Israel has been mandated by the International Court of Justice (ICJ) to provide a report on the status of the measures imposed by the UN's highest court to the ICJ within a month.