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‘Rafah op. doesn’t contradict ICJ ruling, we will continue,’ Israel says

The IDF intends to push on with its military operation in Rafah to defeat Hamas, Minister-without-portfolio Benny Gantz told US Secretary of State Antony Blinken on Friday, after the International Court of Justice’s demand that it halt any campaign in that area to destroy the Palestinian people.

“The State of Israel is committed to continue fighting to return its hostages and promise the security of its citizens – wherever and whenever necessary – including in Rafah,” Gantz said in a statement he issued late Friday after the ICJ ruling.

Gantz is both a former Defense Minister and IDF Chief-of-Staff and is a member of Israel’s small war cabinet. Both in his statement to the public and in his conversation with Blinken he stressed the importance of continuing the campaign to defeat Hamas and to ensure the return of the remaining 125 hostages kidnapped on October 7 and held in Gaza.

The National Security Council and the Foreign Ministry also stressed Israel’s intention to continue with its Rafah operation, noting that the military campaign was designed to target Hamas, not Palestinian civilians.

It noted that the order issued by the ICJ, in which it stated that Israel must “halt its military offensive and any other actions in the Rafah Governate, which may inflict on the Palestinian group in Gaza conditions of life that could bring about its physical destruction in whole or in part.”

The Israeli declaration said that the IDF has not and will not carry out military activity in the Rafah area that would destroy the Palestinian people, and was in compliance with international law.

Delegates attend a ruling on South Africa's request to order a halt to Israel's Rafah offensive in Gaza as part of a larger case brought before the Hague-based court by South Africa accusing Israel of genocide, at the International Court of Justice (ICJ), in The Hague, Netherlands May 24, 2024. (credit: JOHANNA GERON/REUTERS)
Delegates attend a ruling on South Africa’s request to order a halt to Israel’s Rafah offensive in Gaza as part of a larger case brought before the Hague-based court by South Africa accusing Israel of genocide, at the International Court of Justice (ICJ), in The Hague, Netherlands May 24, 2024. (credit: JOHANNA GERON/REUTERS)

“Israel will continue its efforts to allow humanitarian aid to enter the Gaza Strip and act, in accordance with the law, to reduce as much as possible the damage to the civilian population in the Gaza Strip,” the declaration stated.

“Israel will continue to keep the Rafah crossing open, allow continuous humanitarian aid to enter from the Egyptian side of the crossing, and prevent terrorist organizations from controlling the crossing.”

Israel in its statement took issue with the larger context of the ICJ ruling, which was issued as the tribunal is adjudicating South Africa’s claim that it is committing genocide against the Palestinian people and is therefore in violation of the 1948 genocide convention.

It stressed that “the accusations of South Africa against Israel at the ICJ in The Hague regarding “genocide” are false, outrageous and disgusting.”

Hamas and PA applaud ICJ decision

Hamas and the Palestinian Authority welcomed the ICJ ruling. Hamas official Basem Naim said, “We believe it is not enough since the occupation aggression across the Gaza Strip and especially in northern Gaza is just as brutal and dangerous.

“We call upon the UN Security Council to immediately implement this demand by the World Court into practical measures to compel the Zionist enemy to implement the decision.”

Palestinian Authority spokesperson Nabil Abu Rudeineh said, the ruling “represents an international consensus on the demand to stop the all-out war on Gaza.”

South African official Zane Dangor said “This order is ground-breaking as it is the first time that explicit mention is made for Israel to halt its military action in any area of Gaza.”

“This is de facto calling for a ceasefire. It is ordering the major party in this conflict to end its belligerent action against the people of Palestine.”

“This order like the others … are binding and Israel has to adhere to them,” said Dangor.

A statement issue by South Africa’s President Cyril Ramaphosa said that “South Africa has already successfully applied for provisional measures on two separate occasions, but Israel has refused to comply with these binding orders of Court, which necessitated the return to The Hague once more following Israel’s Rafah invasion.’’

South Africa’s foreign ministry added that the ruling constitutes de facto an order for a cease-fire.

European Union foreign policy chief Josep Borrell said, “What is going to be the (EU’s) answer to the ruling of the International Court of Justice that has been issued today, what is going to be our position? We will have to choose between our support to international institutions of the rule of law or our support to Israel.”

Egypt welcomed the decision of the ICJ. A statement issued by its foreign ministry stressed that ‘’Israel, as the occupying power, bears full legal responsibility for the appalling humanitarian situation in the Gaza Strip.’’ Earlier in the day, President Joe Biden spoke on the phone with Egyptian President Abdel Fataha a-Sisi, asking him to open the Rafah crossing point for the delivery of humanitarian aid into Gaza.

Jordanian Foreign Minister Ayman Safadi posted on X after the ruling, ‘’Once again, the ICJ exposes Israel’s war crimes in Gaza. And once again, the Israeli government reacts with disdain to international law, refusing to heed the Court’s orders. The [UN] Security Council must shoulder its responsibility, put an end to Israel’s impunity and to double standards in enforcing international law.’’

Reuters contributed to this report.

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