THE HAGUE – The International Court of Justice (ICJ), the United Nations' highest court, ordered Israel on Friday to immediately halt its military offensive in the southern Gaza city of Rafah. The landmark emergency ruling increases diplomatic pressure on Israel over its conduct in the war against Hamas, citing "immense risk" to the hundreds of thousands of Palestinians sheltering there.

In a highly anticipated decision, the panel of judges voted 13-2 in favor of the measure, which was requested by South Africa as part of its ongoing case accusing Israel of genocide. The court found that the humanitarian situation in Rafah had deteriorated significantly since its last order in March.

"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," said Judge Nawaf Salam, the court's president, reading the ruling aloud.

The Court's Rationale and Demands

The ICJ stated that the provisional measures ordered in March did not fully address the situation following the expansion of Israel's military operation into Rafah, where over a million displaced Palestinians had sought refuge. According to UN agencies, more than 800,000 people have fled Rafah since Israel began what it called a "limited" operation to root out Hamas militants earlier this month.

Beyond halting the offensive, the court also ordered Israel to open the Rafah border crossing to allow for the "unhindered provision at scale of urgently needed basic services and humanitarian assistance." Furthermore, the ruling demands that Israel grant unimpeded access to the Gaza Strip for any commission of inquiry, fact-finding mission, or other investigative body mandated by the UN to investigate allegations of genocide.

Israel must report back to the court within one month on its progress in implementing these measures.

Immediate and Opposing Reactions

The ruling was met with swift and starkly different responses. An official from Hamas told Reuters that the group welcomed the decision but said it did not go far enough, calling for an end to the offensive throughout the entire Gaza Strip.

The Palestinian Authority also praised the ruling, with a spokesperson saying it "represents an international consensus to demand an end to the war on Gaza."

In contrast, Israel immediately signaled its rejection of the court's findings. In a joint statement, Israel’s National Security Council and the Foreign Ministry called the charges of genocide brought by South Africa "false, outrageous and morally repugnant." The statement argued that Israel's military actions in Rafah have not and will not "create living conditions that could cause the physical destruction of the Palestinian civilian population."

Israeli Finance Minister Bezalel Smotrich said that those who demand Israel stop the war are demanding it "decree itself to cease to exist," adding, "we will not agree to that."

Legally Binding, But Lacking Enforcement

While the ICJ's rulings are legally binding on all UN member states, the court has no direct mechanism to enforce them. Russia, for example, has ignored a 2022 order by the court to halt its full-scale invasion of Ukraine.

The decision now raises the stakes at the UN Security Council, which could be called upon to pass a resolution to enforce the order. However, the United States, a staunch ally of Israel, has previously used its veto power to block resolutions critical of Israeli military actions.

The ruling comes just days after the chief prosecutor of the International Criminal Court (ICC), a separate legal body also based in The Hague, announced he was seeking arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Hamas leader Yahya Sinwar on charges of war crimes and crimes against humanity.

The convergence of legal pressure from the world's top two international courts marks a moment of significant diplomatic isolation for Israel as it continues its nearly eight-month-long war in Gaza.