If analysts agree on something, it is that International pressure on Israel will intensify even more starting this Fridayafter the ruling of the International Court of Justice (ICJ), the highest UN court, which ordered it to “immediately stop” its military operations in Rafah, in Gaza, a decision that comes with the arrest warrant of the prime minister Benjamin Netanyahu on the table of the judges of another court, the International Criminal Court (ICC).
Israeli Prime Minister Benjamin Netanyahu.
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(Also: The International Criminal Court may be another victim of October 7)
Thus, the ruling of the ICJ, which many describe as historic, opens the door to the big question of this situation: How much immediate impact does this decision have on the terrain where the Israeli military offensive is being suffered?
What did the ICJ order Israel?
In practical terms, The ICJ ordered Israel to stop its military operation in Rafah; open the border crossing at that point – bordering Egypt – for the entry of humanitarian aid without impediments; guarantee the entry into Gaza of international missions and commissions to investigate allegations of genocide, and report to the court within one month on progress in implementing these measures.
What is Rafah and why is it a key area?
Since 2007, Israel has subjected Gaza to a land, sea and air blockade, so Rafah – a land crossing for people, but not goods – is also the vital link between the besieged territory and the rest of the world. After the Hamas attack on Israeli territory on October 7, Israel closed all its crossings to Gaza and left Rafah as the only entrance for humanitarian aid. In early May, Israel took military control of this area from the Palestinian side.
(You can read: Israel prohibits the Spanish embassy and consulates from providing services to Palestinians)
Internally displaced Palestinians leave with their belongings after an evacuation order issued by the Israeli army, in Rafah.
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Why did the case reach the ICJ?
South Africa then maintains that the Israeli offensive constitutes “genocide.”
This is the fourth time that South Africa has asked the ICJ to issue additional precautionary measures to prevent genocide in Gaza and the third time that the court has issued such measures urging Israel to respect the Convention and take steps to prevent the extermination of the Palestinians. from Gaza.
What is the scope of the ruling?
Thus, he adds, “Israel should abide by the order and immediately comply with the demands” of the highest UN court.
(In context: The ICJ, the highest UN court, orders Israel to stop military operations in Rafah, Gaza)
However, Pérez affirms that for the ruling to have real and immediate scope everything depends on Israel and of the magnitude of international pressure to comply with the decision.
“The International Court of Justice (ICJ) does not have an instrument to enforce its order immediately. This is the same with other international courts, since States are expected to comply in good faith with their obligations, and otherwise international pressure will force them to comply.. That is called the collective guarantee of international law: the guarantee that all States must do what is in their power to ensure compliance with the orders of international courts,” he adds.
The court’s judges found that Israel does not do enough to protect civilians and displaced people in Gaza.
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What happens if Israel does not comply with the ruling?
Along these lines, the expert in international law recalls that this process before the ICJ is joined by the requests for arrest warrants presented by the Prosecutor’s Office of the International Criminal Court (ICC) – another international court – this Monday for war crimes and against humanity against Prime Minister Netanyahu and his Defense Minister, Yoav Galant.
(Also: ‘It is our national duty’: Netanyahu and Herzog promise to work on the return of hostages)
Failure to comply with the decision of the International Court of Justice (ICJ) could strengthen the argument of the Prosecutor of the International Criminal Court (ICC) that international crimes are being committed.
“Failure to comply with the decision of the International Court of Justice (ICJ) could strengthen the argument of the Prosecutor’s Office of the International Criminal Court (ICC) that international crimes are being committed, and would certainly be an important element of evidence against senior Israeli officials who will face international justice“, explains Pérez.
As announced by the ICJ, within a month Israel must report on its progress in implementing the measures ordered this Friday.
Thus, the expert on international law issues considers that “Prime Minister Netanyahu and his team will have to balance this judicial decision with their fervor to attack Rafah. If it attacks and fails to comply with the Court’s decision, we will be faced with a scenario in which Israel openly and completely distances itself from International Law, strengthening the idea that it is a State involved in serious international crimes.and assuming that the consequence will be even greater isolation than the one he has been facing in recent months.”
(Continue reading: ‘The ICC must appoint a judge to study the case’: former Israeli soldier speaks about arrest warrant against Netanyahu)
Yoav Gallant and Benny Gantz, members alongside Netanyahu of Israel’s war cabinet, have criticized Netanyahu for not having a plan for Gaza when the conflict ends.
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Will international pressure continue?
“It is in this context that Israel is progressively losing all legitimacy to continue with the attacks, and this lack of legitimacy could increasingly isolate it within international spaces, and also reduce its capacity for political maneuver,” says Edward Pérez.
The lawyer adds that to the extent that Israel does not comply with the ICJ’s orders, it “weakens the narratives of the States that continue to try to protect it from the international scrutiny it faces, and on the contrary, greatly strengthens the perception of a majority of the international community that maintains that international crimes are being committed in Gaza“.
It must also be said that the ICJ’s decision comes the same week in which Ireland, Norway and Spain announced that they will recognize the Palestinian State on May 28, causing Israel to withdraw its ambassadors in Dublin, Madrid and Oslo. And although, as analysts explain, the latter correspond to more symbolic measures, they do reflect a kind of increasingly stronger international isolation over Israel.
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