Productive Ambiguities? The International Court of Justice on Israel’s Military Operation on Rafah

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Abstract

On 24 May 2024 the International Court of Justice (ICJ) made history and ordered a ceasefire in Rafah.

Unless it didn’t.

By 13 votes to 2, the ICJ ruling ordered 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.”

So did the ICJ order a ceasefire? Or did the ICJ reiterate its earlier decisions, and therefore only warn Israel to take care how it fights? The answer comes down to how we understand the dependent clause regarding inflicting conditions of life, and to what it applies
Original languageEnglish
Publication date30 May 2024
Place of PublicationBritish Columbia
PublisherJustice in Conflict
Publication statusPublished - 30 May 2024

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