The International Court of Justice puts pressure on Israel's international standing over the Gaza issue

"Disastrous" humanitarian situation

The International Court of Justice (ICJ), commonly known as the World Court, on May 24 ordered Israel to halt its offensive in southern Gaza, in a further blow to Israel's international standing. Judges said evacuation efforts were insufficient to reduce the "extremely high risk" to civilians.

“Israel must immediately stop its military offensive or any other action in Rafah province that could cause the Palestinian population in Gaza to live conditions that could lead to its total or partial physical destruction,” ICJ President Nawaf Salam said.

Two weeks ago, despite warnings from its allies, Israel launched an assault on Rafah, where more than 1 million displaced Palestinians have fled since Israel declared war on Hamas, the militant group that rules Gaza, following Hamas's attack on Israel on October 7 last year.

Since May 6, around 800,000 Gazans, or about a third of the population of the blockaded coastal strip, have been displaced from Rafah alone, Mr. Salam said. The United Nations has also recorded ongoing shortages of food, clean water and medicine, exacerbated by the border closure.

“The humanitarian situation is now considered catastrophic,” Judge Salam commented.

The World Court’s interim order is part of an ongoing trial brought by South Africa against Israel late last year over its campaign in Gaza. Israel says it aims to eliminate Hamas, which is considered a terrorist organization by Germany, the European Union, the United States and other countries, and secure the release of more than 100 hostages seized on October 7 and believed to be still in Gaza.

Israel argues that it is waging a war of self-defense against an anti-Semitic group.

Hamas cannot be tried at the ICJ because it is not a state.

On May 24, the court also ordered Israel to prevent the destruction of potential evidence for investigations into Israeli actions in Gaza and to ensure the delivery of aid through the Egypt-Rafah land crossing on the Israeli-controlled Palestinian side.

While a final verdict in the larger trial is months or even years away, the South African government has asked the ICJ to impose a series of emergency measures to protect civilians in the meantime.

In another interim ruling in late March, the court told Israel it must allow more aid through the blockade amid warnings of impending famine. Days after the Rafah offensive began on May 6, South Africa appealed to the ICJ again, with at least partial success.

Israel criticizes the rulingof the ICJ

The latest ruling comes in a series of developments that have left Israel increasingly isolated internationally, despite the support of its Western allies – most importantly the United States.

Earlier this week, the International Criminal Court (ICC) said it would seek arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, along with several Hamas officials, on charges of war crimes. According to official Israeli statistics, nearly 1,200 people were killed as of October 7, 2023, and more than 35,000 Palestinians are believed to have died in Israel's Gaza campaign.

On May 22, Ireland, Spain and Norway announced that they would recognize Palestinian statehood, which Israel sees as essentially a reward for Hamas. The US and EU both formally support the creation of a Palestinian state as part of a two-state solution, but who would govern it remains controversial.

Israeli Finance Minister Bezalel Smotrich appeared to downplay the ICJ ruling when he wrote on social media X on May 24: "The State of Israel is at war for its survival. Those who demand that the State of Israel stop the war are demanding that the State cease to exist. We will not agree to that."

Hugh Lovatt, an analyst at the European Council on Foreign Relations, told DW that there was little expectation that Israel would comply with the ruling. However, he said, "it would be a mistake to dismiss today's ruling and what has happened in the last few days and weeks as having no impact."

Such rulings pile pressure on Israel, Lovatt said, giving its allies an opportunity to push the Israeli government to engage more in ceasefire talks with Hamas. Along with arrest warrants, he added, the ICC could also put pressure on countries that have supplied Israel with weapons, such as the United States and Germany.

“This is another golden opportunity for the Biden administration to leverage these sources of international pressure to actually effect real change,” Lovatt said. Washington has warned Israel for weeks not to launch operations in Rafah.

"Executionright away"

Despite being quick to stress solidarity with Israel after the October 7 attack, the European Union has struggled to reach a common voice on Gaza due to divisions among its 27 member states. In March, the organization called for a “humanitarian pause” in the fighting to lead to a “sustainable ceasefire.”

On May 24, European Commissioner for Crisis Management Janez Lenarcic wrote on X that Israel, as a signatory to the ICJ, must comply with the court’s orders. “I expect them to comply fully and promptly,” he said.

Speaking at an event in Florence, EU foreign affairs chief Josep Borrell said Europeans faced a difficult decision: "We will have to choose between our support for international institutions and the rule of law, or our support for Israel."

Both officials are seen as more sympathetic to the Palestinians than, for example, European Commission President Ursula von der Leyen, a German conservative with closer ties to Israel.

As Lenarcic notes, the ICJ orders are legally binding. But the court has no police force or judicial mechanism to enforce them. The judges have asked Israel to submit a report within a month on how it has complied with the new measures.