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After ICJ Ruling, Israel Continues Military Operation In Rafah

After ICJ Ruling, Israel Continues Military Operation In Rafah

Hamas ‘welcomes’ UN court’s ruling on Rafah operation.

The United Nations-run  International Court of Justice (ICJ) on Friday issued a ruling on the application of South Africa, which sought a complete ban on IDF operations in Rafah. While some media have asserted that the ICJ called on Israel to “immediately halt its military offensive in Rafah,” that is an oversimplified version that Israel and four of the ICJ Justices dispute.

In fact, the media is disregarding the second part of the operative order (emphasis added):

“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;”

Responding to the ICJ ruling, the Israeli government vowed to continue the Rafah operation, stating that it did not constitute a threat to the the physical destruction of the Palestinian people. “The Israeli declaration said that the IDF has not and will not carry out military activity in the Rafah area that would destroy the Palestinian people, and was in compliance with international law,” the Jerusalem Post reported Friday.

The ICJ decision comes as Israeli military continues to find bodies of hostages murdered by Hamas in terror tunnels across Gaza.

While still holding around 120 Israeli hostages, including women and children, for more than seven months, Hamas is counting on the UN and international pressure to save its terror leadership and fighting force from total destruction. Hamas and other Palestinian outfits ‘welcomed’ court’s ruling. Hamas called on the UN Security Council to enforce the judgement.

The Israel Defense Forces (IDF) continued to eliminate Hamas fighting force, and destroy terror tunnels and weapons cache. The BBC reported Friday “there is no immediate indication that Israel will change course as a result of Friday’s ruling by the International Court of Justice (ICJ).”

IDF “tanks are pushing closer to the centre of Rafah and just as the decision was being read out, a series of air strikes sent a huge black cloud billowing over Rafah,” the UK broadcaster added.

The BBC’s assessment was confirmed by Israeli media reports on Saturday. Reporting on the military operations in Rafah, the Times of Israel noted Saturday that IDF eliminated a terror “cell that had opened fire at troops was killed, and several tunnel shafts were found and destroyed, alongside caches of weapons.”

The i24NEWS reported Hamas and Palestinian Authority’s rection:

The two main Palestinian factions, the jihadists of Hamas and the Palestinian Authority, on Friday welcomed the International Court of Justice’s order for Israel to halt military operations in Rafah.

“We welcome the decision by the World Court that calls on the Zionist occupation forces to end its military aggression on 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,” a Hamas official said.

“We call upon the U.N. Security Council to immediately implement this demand by the World Court into practical measures to compel the Zionist enemy to implement the decision. We welcome the court’s request to allow investigation committees to reach the Gaza Strip to investigate acts of war of genocide against the Palestinian people and Hamas pledges to cooperate with investigation committees.”

The PA said that “The presidency welcomes the decision issued by the International Court of Justice, which represents an international consensus on the demand to stop the all-out war on Gaza.”

The UN court’s decision comes after The Hague-based International Criminal Court (ICC) prosecutor, Karim Ahmad Khan, on Monday sought arrest warrants against Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant over the Israeli military operation against Hamas terrorists following the October 7 massacre.

IDF hitting terror targets in Rafah, northern Gaza

Meanwhile, the Israeli troops were operating in northern Gaza and Rafah as ground offensive against Hamas enters its eighth month.

For nearly three week, Israeli troops is operating in the northern Gaza city of Jabaliya, where Hamas terrorists are trying to regroup themselves. The IDF was eliminating terrorists and dismantled their infrastructure“IDF troops continue their operational activity in Jabaliya in the northern Gaza Strip. Over the past day, the troops dismantled terrorist infrastructure, launch sites, and military structures, and located numerous weapons,” the IDF revealed in a press release. “In addition, IDF troops eliminated dozens of terrorists in close-quarters combat and aerial strikes, including terrorists who directed attacks at IDF troops operating in the area.”

The IDF was also targeting Hamas terror targets in Rafah. “Yesterday (Friday), in IDF operational activity in specific areas of Rafah, IDF troops eliminated a terrorist cell that opened fire on the troops during close-quarters combat. IDF troops conducted searches in the area for weapons and Hamas terrorist infrastructure,” the IDF statement added. “The troops located and dismantled tunnel shafts and terrorist infrastructure, as well as large quantities of weapons in the area, including military equipment, weapons parts, and explosives.”

New study finds Gaza population has ‘more than sufficient’ supply

Debunking the myth of constant shortages in Gaza, a new Israeli study found that there was enough food supplies to meet the needs of the enclave’s population. The study, based on the entry of aid trucks in recent months, concluded that the “amount of food delivered per capita should be sufficient for the entire Gazan population.”

The food and fuel shortages have largely been created by Hamas terrorists hijacking trucks entering Gaza. Besides stoking international outcry over a self-inflicted crisis, Hamas terrorists enrich themselves by selling stolen food back to Gazans on the black market.

Braving Hamas rocket fire, the IDF soldiers were risking their lives to keep food and essential supplies entering Gaza from Israel. In early May, four Israeli soldiers were killed in an Hamas rocket attack on Kerem Shalom, the main humanitarian crossing between Israel and Gaza.

The Times of Israel reported:

A group of highly respected academics and public health officials who authored a working paper on the amount of food entering the Gaza Strip during the war have concluded that the supply from January through April is sufficient for the population’s daily energy and protein needs.

Analyzing data from the Coordinator of Government Activities in the Territories (COGAT) agency of the Defense Ministry, which includes the weight of consignments of specific food commodities and standardized food parcels delivered to Gaza, the authors found that the mean energy availability across four months was 3,163 kcal per person, per day.

This significantly exceeds the widely accepted standard of 2,100 kcals per person, per day established by the Sphere humanitarian organization, for the minimum amount of food aid required in response to a crisis. (…)

“This in-depth analysis highlights the fact that the amount of food delivered per capita should be sufficient for the entire Gazan population, and meets Sphere humanitarian recommendations for food aid delivery to conflict-affected populations, during the period examined,” the new study found.

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Comments

Yeah, maybe after the ICC demands Hamas surrender, Israel will listen to them. But not until then!

    Paula in reply to dging. | May 25, 2024 at 12:59 pm

    There are no demands on Hamas. No one objects to Hamas except Israel because they are a threat to no one except Israel. This results in two premises:

    1. Hamas is equated with the Palestinians, so liberals everywhere support Hamas.

    2. Israel is equated with the Jews, so liberals everywhere hate Jews.

    Milhouse in reply to dging. | May 25, 2024 at 5:18 pm

    First of all, this is the ICJ, not the ICC.

    Second, it’s not true that there are no demands on Hamas. Both “courts” are being “even-handed” by making similar demands on both parties.

    Of course even-handedness between right and wrong is wrong. It’s like ordering the police and the criminals to both stop what they’re doing; it’s a gift to the criminals.

      ooddballz in reply to Milhouse. | May 26, 2024 at 5:48 pm

      Ya know, Milhouse, there are many times I disagree with you.
      However, there are as many times that I DO agree with you. I guess that means I consider your opinions as fair and balanced. Thanks for that.

        Azathoth in reply to ooddballz. | May 28, 2024 at 12:21 pm

        This is by design.

        It appears to be at least somewhat agreeable and able to make good points, and so you nod aggrrement.

        This good will is exploited when the demoralizing statements are issued forth and you, having seen that it can be reasonable, nod sadly in agreement that your side is wrong when it’s propaganda is delivered.

        And it is all done so that you distrust your opinions and your sources and the rightness of your side.

From the article: “Braving Hamas rocket fire, the IDF soldiers were risking their lives to keep food and essential supplies from[?] entering Gaza from Israel.”

Aren’t they trying to keep food and essential supplies entering Gaza? If the first word “from” is removed it would make sense about what the IDF soldiers are doing. Picking a nit, I know.
.

Halcyon Daze | May 25, 2024 at 12:36 pm

Oh, no! Anyway . . . .

JohnSmith100 | May 25, 2024 at 1:25 pm

UN is useless, a waste of American taxpayer money. Defund them. Most of the countries now in the UN are parasites.

stephenwinburn | May 25, 2024 at 2:00 pm

As they should!

Juris Doctor | May 25, 2024 at 2:15 pm

The President of the ICJ was born and raised in Hezbollah territory, making the ruling all the more absurd.

Son of Abdallah Salam and Reckat Beyhum, Nawaf was born into a prominent family from Beirut, Lebanon. His grandfather, Salim Salam, the leader of the “Beirut Reform Movement”, was elected deputy of Beirut to the Ottoman parliament in 1912. His uncle, Saeb Salam, fought for Lebanon’s independence from the French Mandate of Lebanon and subsequently served four times as Prime Minister of Lebanon between 1952 and 1973.[5] His cousin Tammam Salam was also Prime Minister of Lebanon between 2014 and 2016. He is married to Sahar Baassiri, columnist and Lebanon’s Ambassador to UNESCO as of January 2018. He has two sons, Abdallah and Marwan.
https://en.wikipedia.org/wiki/Nawaf_Salam

Using human rights law as the criterion to determine humanitarian law is wrong.

The main aspects of the law are set forth in Additional Protocol I of 1977 and the means and methods stated therein. Israel is in compliance, more than virtually any other state.

Bad players have a way of abusing the very systems designed to reign them in.

ThePrimordialOrderedPair | May 25, 2024 at 4:26 pm

Basically, the UN and all of the members who voted for this junk have committed an Act of War against Israel.

One of Israel’s greatest mistakes is staying in the UN. THe UN is an organization whose entire existence, essentially, has been dedicated to nothing but issuing edicts against Israel and trying to cause the eradication of the state. Israel needs to quit that cesspool of despicable turds. Israel gains nothing by being in the the UN and serves only to give the UN a member target to carry out its jihad against.

The UN deserves to be razed to the ground … with everyone in it.

    There is a persistent myth, which is even prevalent in Israel, that the State of Israel is a creature of the UN, having been created pursuant to General Assembly resolution 181 adopted on 29 November 1947.

    The truth is that while the resolution was a major PR coup for the zionist movement, it had absolutely no legal effect and played no part in the legal basis for Israel’s creation.

    First of all, it was a General Assembly resolution, and the GA has no authority to do anything. It’s a debating forum, pure and simple. The only arm of the UN with actual authority is the Security Council, and even then only when acting under Chapter 7 of the UN charter.

    Second, it was a proposal, a plan, for resolving the conflict then going on. It was a settlement offer to both sides: Why don’t you divide the land according to this map, and then you can both live in peace? The Jews reluctantly agreed to the plan, the Arabs rejected it, and that was the end of it. If you offer to settle a lawsuit and the other side rejects it, it’s over and gone; the other side can’t revive it later.

    When Israel finally declared independence, it was not based on any UN resolution but on a nation’s inherent rights. It had the same legal basis as every other nation’s declaration of independence.

    But many zionists are unaware of all this, and think that if they abandon the UN they would undermine Israel’s legitimacy.

    Many anti-zionists also believe this myth, and on its basis claim that the UN now has the right to impose anything it likes on Israel, since without it there is no Israel.

    The UN is a failed IGO that has created a shield for the bad actors and abusers to hide behind, with the assistance of other bad actors and corruption.

    The underlying principle to all international law is that states will act in good faith. That has gone by the wayside. Abuse is so easy to accomplish and the rewards are too great.

    The system is broken.

    We should quit the UN, kick their sorry useless asses out of America.

    I have no use for diplomacy, believe in calling a snake out, and if they get too far out of line, then give them what they have coming. It is in America’s best interest to form a smaller coalition of true allies.

I don’t think this reading works. The “court” purported to order Israel to:

“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;”

To me that’s two demands:
1. Immediately halt its military offensive in the Rafah Governorate,
2. Immediately halt any other action in the Rafah Governorate which may inflict […]

Even if you insist that the second comma makes what follows apply to both demands, it still reads:
1. Immediately halt its military offensive in the Rafah Governorate, which may inflict […]
2. Immediately halt any other action in the Rafah Governorate which may inflict […]

So the first demand is still to halt the entire military offensive, and “which may inflict” is simply an explanation for why it should do so. It’s just the court’s false opinion. The reason doesn’t control the operative phrase, which is “immediately halt the offensive”.

It’s like those who claim that the preamble to the second amendment modifies its operative phrase, so that it reads “the right of the people to keep and bear arms shall not be infringed to such an extent that it interferes with the maintenance of a well regulated militia, that being necessary to the security of a free state”. I would hope and expect that nobody on this site is so foolish and ignorant as to support such a twisted reading. But I think that’s what the Israeli government and four ICJ judges (two of whom dissented) are doing to this purported ruling.

I think the correct Israeli response should not be to try to twist the “ruling” and pretend it doesn’t say what it does. Rather Israel should face it head on, acknowledge that it is an order to cease the current military operation in Rafiah, and respond with General McAuliffe’s famous one-word message at Bastogne.

As for the so-called “arrest warrants”, Israel should make it immediately clear to Germany that any attempt to enforce it will be regarded as an act of war, and will be resisted with deadly force, to be followed by attacks on German military targets in accord with the laws of war.

    Silly advice regarding the “correct” response, especially as four ICJ judges argue the court order does not require IDF to stop all Rafah operations.

    https://www.timesofisrael.com/four-icj-judges-argue-court-order-does-not-require-idf-to-halt-all-rafah-operations/

      Four out of 15, two of which dissented, so their interpretation is irrelevant. That’s like saying that Sotomayor’s opinion of what Bruen held is relevant.

        It nevertheless created a legal basis for Israel to continue, one with more legs than than “nuts!”

        If the majority position was absolute, the extra language is superfluous. It knew Israel was not going to stop and it avoided crisis for now. Principles of consent that guide its decisions are arguably at play.

        Israel’s interpretation deserves support.

          No, it doesn’t create a “legal” basis. The straightforward reading has no superfluous language; “which may inflict” modifies only the second demand.

          Adopting this twisted reading is harmful because it acknowledges that the “court” has the right to make such orders, that Israel is required to obey such orders, and that it’s trying to weasel out of obeying by deliberately misinterpreting it. The 11 judges who have not endorsed this twisted reading could simply clarify that that’s not what it means, and where is Israel then?

          The better course is to accept that the “court” has made an unacceptable order, and declare the obvious truth that it has no authority and will not be obeyed. Say that the emperor is naked.

          Of course it creates a legal basis. This is not black letter law and interpretation is wide open. Gnereally, your advice is simplistic and unrealistic, especially in the context of public international law, and even if you project as the authority.

          Either the court has authority or it does not. Either its orders are binding or they are not. Pretending to obey the order by blatantly and obviously misinterpreting it doesn’t create a “legal basis”, it’s walking into a trap. You’re accepting the court’s authority, and yet thumbing your nose at it by twisting its words in a way that is obvious to anyone who can read. As soon as a majority of judges affirm that they meant exactly what they wrote, you’ve put your own neck in the noose.

          Far better to openly say that the ICJ has no authority over the IDF, and that its “order” is acknowledged and rejected.

          Likewise for the ICC, whose purported warrants are no better than those issued by “sovereign citizen courts” for the arrest of the local sheriff, or of Gretchen Whitmer or whomever.

          Your need to play zero-sum games, especially in this context, shows you do not understand the intracasies of public international law or reality.

          There are no “intricasies”. Law is law, and the ICJ’s entire point is that it pretends to be a court of law like the ones we’re all familiar with, but it really isn’t. The ICC even more so. That leads to countries like Germany saying “Well, we have no choice, we must obey the law, so if we get a chance to arrest Netanyahu we will of course have to do so”. Recognizing the “court” gives them cover.

          If there were real ambiguity in the “order” there might be room for playing such games, but there really isn’t. The bad faith of the interpretation offered is transparent. When people deliberately misread plain English, as in the second amendment, we usually call them out. How can this be an exception?

        You know little, if anything, about public international law. That is evident.

        This may help explain:

        https://elderofziyon.blogspot.com/2024/05/icj-madness-to-their-method-why-they.html

          The plain language of the decision itself, not the news industry’s summaries, shows that the interpretation offered by two dissenters and two of the 13-member majority is simply not feasible. We would never accept such an interpretation in any other context, nor would we accept it in this context if we were on the other side of the question. That makes it dishonest and dangerous to try to adopt it now. In addition, doing so is a concession that the court is entitled to order a complete cessation of the conflict, and merely makes a weak claim that it hasn’t done so; that can easily be fixed and then where are you?

Josiah Hartwick IV | May 25, 2024 at 7:51 pm

ICJ and ICC are sharia: Muslims can harm you, you cannot harm Muslims.

They don’t openly call it sharia in public,
but that’s what they’re doing.

Josiah Hartwick IV | May 26, 2024 at 12:18 am

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