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

Israel plans to continue its military action in Rafah to destroy Hamas – and believes that such action falls within the scope of the International Court of Justice ruling Friday that set limits on the IDF’s activity in that southern section of Gaza.

“What they are asking us, is not to commit genocide in Rafah. We did not commit genocide and we will not commit genocide,” National Security Adviser Tzachi Hanegbi told Israel’s N12 TV news on Saturday.

Asked whether the Rafah offensive would continue, Hanegbi said: “According to international law, we have the right to defend ourselves and the evidence is that the court is not preventing us from continuing to defend ourselves.”

Minister Benny Gantz, who is a member of the war cabinet, said on Friday that the Rafah operation would be continued, stressing this point in a conversation he held with US Secretary of State Antony Blinken after the ruling.

“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.

The National Security Council and the Foreign Ministry also stressed Israel’s intention to continue with its Rafah operation. The order issued by the ICJ 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 council and the ministry declared that “Israel has not carried out and will not carry out military activity in the Rafah area that creates living conditions that could lead to the destruction of the Palestinian civilian population, in whole or in part.”

The declaration also stated Israel’s intention to continue to allow humanitarian assistance into Rafah and to abide by the ICJ order that the Rafah crossing into Egypt must be kept open.

“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.

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

The ruling on Friday marked the first time since South Africa had turned to the court over the Gaza war in December that the tribunal had attempted to limit the scope of Israel’s military activity in the enclave.

Like in past rulings, however, this one was vague and allowed for multiple interpretations.

Hamas and PA applaud ICJ decision

Hamas and the Palestinian Authority welcomed the ICJ ruling, believing that it called on the IDF to stop its military action in Rafah.

“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,” Hamas official Basem Naim said.

“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 that 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,” he said.

“This order like the others...is binding and Israel has to adhere to them.”

South African 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 the 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 a de facto 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 also 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, US President Joe Biden spoke on the phone with Egyptian President Abdel Fatah al-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, [and] put an end to Israel’s impunity and to double standards in enforcing international law.’’

A UK foreign ministry spokesperson said late on Friday that “the reason there isn’t a pause in the fighting is because Hamas turned down a very generous hostage deal from Israel. The intervention of these courts – including the ICJ today – will strengthen the view of Hamas that they can hold on to hostages and stay in Gaza.

“And if that happens, there won’t be either peace or a two-state solution.”

Reuters contributed to this report.