Four ICJ judges argue court order does not require IDF to halt all Rafah operations

 The Times of Israel

In dissent, former Israeli chief justice says Israel can carry out offensive in Gaza’s southernmost city ‘as long as it fulfills its obligations under the Genocide Convention’

"Four of the 15 justices at the International Court of Justice argued that the key operative clause in the court’s ruling, handed out Friday, does not require that Israel immediately halt all military operations in Rafah, but, rather, that it specifically halt military operations that “could bring about physical destruction in whole or in part” of the Palestinians.

"The relevant clause in the ruling stated that Israel must “Immediately halt its military offensive, and any other action in the Rafah Governorate, which may inflict on the Palestinian group in the Gaza Strip conditions of life that could bring about its physical destruction in whole or in part.”

"Former Supreme Court president Aharon Barak, who serves as an ad-hoc judge on the ICJ bench in the case brought against Israel by South Africa, wrote in his dissenting opinion that the majority decision “requires Israel to halt its military offensive in the Rafah Governorate only in so far as is necessary to comply with Israel’s obligations under the Genocide Convention.”

"Therefore, according to Barak, “Israel is not prevented from carrying out its military operation in the Rafah Governorate as long as it fulfills its obligations under the Genocide Convention.”

" As a result,” Barak continued, “the measure is a qualified one, which preserves Israel’s right to prevent and repel threats and attacks by Hamas, defend itself and its citizens, and free the hostages.”