ICJ ruling on Israel’s Rafah offensive

News: ICJ has asked Israel to stop its military offensive in the southern Gaza city of Rafah.
-     It  can  further  Israel’s  international  isolation  and escalate demands for a ceasefire.
-     ICJ revised its order on South Africa’s latest request, arguing that provisional measures are not sufficient.

Change in the situation:

•    As per Article 76 of the Rules of Court (1978), the Court  has  the  power  to  “revoke  or  modify”  any decision concerning provisional measures on account of “change in the situation”.
•    ICJ observed that the “repeated large-scale displacement of the already extremely vulnerable Palestinian population” constitutes “a change in the situation”.
• United  Nations  Children’s  Fund  (UNICEF)  had  indicated  that  half  of  the  approximately  1.2  million Palestinians sheltering in Rafah were children and that Israel’s hostilities could result in the destruction of “the few remaining basic services and infrastructure.”
•    The World Food Programme (WFP) was unable to access its warehouse in the region, leading to a disastrous hunger crisis.
•    The  ICJ  relied  upon  a  host  of  UN  reports  to  underscore  the  “immense  risks”  associated  with  Israel’s continuous military strikes in Rafah.
•    It also highlighted the inability of Israel to supply sufficient humanitarian aid.

Implications:

•    Since the ICJ lacks any direct enforcement mechanisms, only the UN Security Council’s willingness to act can help. However, the US veto has repeatedly helped Israel.
•    Israel has interpreted the order as a “limited order” that instructs it to abide by the Genocide Convention but does not require it to halt the Rafah offensive.