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UN’s top court orders Israel to halt military offensive in Gaza’s Rafah
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By Tom Watling
THE HAGUE - The UN’s top court has ruled that Israel must “immediately halt its military offensive” in the city of Rafah on Gaza’s southern border.
The order by the International Court of Justice (ICJ) further ratchets up international pressure on an increasingly isolated Israel to rein in its war on Hamas in Gaza. The decision marked the third time this year the 15-judge panel has issued preliminary orders seeking to reduce the death toll and alleviate humanitarian suffering in the territory as part of a case filed late last year by South Africa accusing Israel of committing genocide, allegations vehemently denied by Israel.
“The court considers that, in conformity with the obligations, under the genocide convention, Israel must immediately halt its military offensive in Rafah 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,” the court’s president, Nawaf Salam said. The decison was made by 13 votes to two.
Judge Salam said Israel must also allow "unimpeded access" for any fact-finding or investigative mission sent by the United Nations to investigate the genocide allegations. The court said Israel must also reopen the Rafah crossing from Gaza into Egypt – with the Israeli military having taken control of the Gaza side earlier this month – to allow humanitarian aid to flow into the enclave. The court did not call for a full ceasefire throughout Gaza as South Africa had requested at hearings last week. It has already found that Israel's military operations pose a "real and imminent risk" to the Palestinian people in Gaza.
Israel insists it has the right to defend itself from Hamas and is unlikely to comply with the ruling. Israel launched its air and ground war on Gaza after Hamas stormed into southern Israeli communities in a terror attack on 7 October, killing around 1,200 people and seizing more than 250 hostages. More than 35,000 Palestinians have since been killed in the Israeli offensive, health officials in the Hamas-run strip say.
Israeli prime minister Benjamin Netanyahu is under heavy pressure at home to end the war. Thousands of Israelis have joined weekly demonstrations calling on the government to reach a deal to bring the hostages home, fearing that time is running out. Around 120 people are still being held in Gaza, although a number are believed to be dead.
The ICJ has not ruled on the substance of the genocide accusation from South Africa – that could take years – but the court has rejected Israel's demand to throw the case out. South Africa requested interim orders to protect Palestinians while the legal case continues. South Africa’s lawyers last week asked to impose emergency measures, saying Israel’s attacks on Rafah must be stopped to ensure the survival of the Palestinian people.
In previous rulings, the ICJ ordered Israel to prevent acts of genocide against the Palestinians and allow aid to flow into Gaza, while stopping short of ordering a halt to Israeli military operations.
Attacks on health workers in conflict zones highest level ever, report
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LONDON - Attacks on health workers, hospitals and clinics in conflict zones surge by 25 per cent last year to their highest level on record, a new report has found.
The Safeguarding Health in Conflict Coalition, composed of 40 groups including medical charities, reported 2,562 incidents of violence or obstructions including arrests, killings and kidnappings of doctors and strikes across hospitals in 30 conflicts.
Where the rise was largely driven by fresh wars in Gaza and Sudan, ongoing conflicts such as Ukraine and South Sudan also fuelled attacks “at a relentless pace”, said the Safeguarding Health in Conflict coalition.
Iranians flood streets of Tabriz for President Ebrahim Raisi's funeral
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JACOB PHILLIPS
TEHRAN - Mourners have begun gathering for days of funerals and processions for Iran’s late President Ebrahim Raisi after he was killed in a helicopter crash.
A procession on Tuesday morning led by a vehicle carrying the caskets of those killed in the crash, including Foreign Minister Hossein Amirabdollahian, slowly moved through the narrow streets of downtown Tabriz, the closest major city near the site of the crash Sunday.
Thousands in black slowly walked beside the coffins, some throwing flowers up to them as an emcee wept through a loudspeaker for men he described as martyrs.
The bodies will travel on to the holy Shiite seminary city of Qom before travelling to Tehran later Tuesday.
On Wednesday, a funeral presided over by Iran's 85-year-old supreme leader Ayatollah Ali Khamene Khamenei will then turn into a procession as well.
On Thursday, Raisi's hometown of Birjand will see a procession, followed by a funeral and burial at the Imam Reza shrine in the holy city of Mashhad, the only imam of the Shiite's faith buried in Iran.
That shrine has long been a centre for pilgrims and sees millions visit each year.
Over the centuries, its grounds have served as the final burial site for heroes in Persian history. It's an incredibly high, rare honour in the faith.
Iranian President Mohammad-Ali Rajai, the only other president to die in office when he was killed in a 1981 bombing, was buried in Tehran.
Iran's theocracy declared five days of mourning, encouraging people to attend the public mourning sessions.
Typically, government employees and schoolchildren attend such events en masse, while others take part out of patriotism, curiosity or to witness historic events.
Across Iran, its rural population often more closely embraces the Shiite faith and the government.
However, Tehran has long held a far different view of Raisi and his government's policies as mass protests have roiled the capital for years.
The most recent involved the 2022 death of Mahsa Amini, a woman detained over her allegedly loose headscarf, or hijab. The monthslong security crackdown that followed the demonstrations killed more than 500 people and saw over 22,000 detained.
In March, a United Nations investigative panel found that Iran was responsible for the "physical violence" that led to Amini's death.
On Sunday night, as news of the helicopter crash circulated, some offered anti-government chants in the night.
Fireworks could be seen in some parts of the capital, though Sunday also marked a remembrance for Imam Reza. Critical messages and dark jokes over the crash also circulated online.
Iran's top prosecutor has already issued an order demanding cases be filed against those "publishing false content, lies and insults" against Raisi and others killed in the crash, according to the semiofficial ISNA news agency.
Prosecutors have warned people over showing any public signs of celebrating his death and a heavy security force presence has been seen on the streets of Tehran since the crash.
Meanwhile on Tuesday, Iran's new Assembly of Experts opened its first session after an election that decided the new assembly, a panel of which both Raisi and the late Tabriz Friday leader Mohammad Ali Ale-Heshem were members.
Flowers sat on the seats they would have occupied at the meeting of the 88-member panel, which is tasked with selecting the country's next supreme leader.
ICC seeking arrest warrant against Israel PM Netanyahu over alleged Gaza war crimes
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THE HAGUE - The chief prosecutor at the International Criminal Court (ICC) has announced he is seeking arrest warrants for the Israeli prime minister, Benjamin Netanyahu, as well as several Hamas leaders over alleged war crimes.
ICC prosecutor Karim Khan KC issued a statement on Monday morning proposing that arrest warrants are issued for Mr Netanyahu, Israel’s defence minister Yoav Gallant, Hamas leader Yahya Sinwar, Mohammed al-Masri, Hamas’s military chief, and Ismail Haniyeh, Hamas’s political leader.
It marks the first time in ICC history that a sitting head of state and a sitting defence minister of a country supported by other powerful Western states, including the UK and US, face arrest warrants, international law experts have told The Independent.
The move comes after weeks of Israel’s staunchest allies calling for restraint in its war in Gaza, particularly around the invasion of the southern Gaza city of Rafah, where more than a million Palestinians fled to avoid being caught up in the earlier stages of Israel’s attacks.
The charges against Mr Netanyahu and Mr Gallant, two of the three core members of Israel’s war cabinet, include “starvation of civilians as a method of warfare … intentionally directing attacks against a civilian population … wilfully causing great suffering … persecution as a crime against humanity … [and] extermination and/or murder.”
A panel of ICC judges will now consider Mr Khan’s application for the arrest warrants.
If the panel deems it fit to issue the arrests, Mr Netanyahu would be in the same company as Russian president Vladimir Putin, who is currently barred from travelling to any of 124 signatories to the ICC after they issued an arrest warrant against him for his full-scale invasion of Ukraine.
Benny Gantz, Israel’s third war cabinet minister, quickly denounced the seeking of arrest warrants as “a crime of historic proportion”.
“Drawing parallels between the leaders of a democratic country determined to defend itself from despicable terror to leaders of a blood-thirsty terror organisation [Hamas] is a deep distortion of justice and blatant moral bankruptcy,” Mr Gantz said.
Foreign minister Israel Katz said it was “scandalous” and “a historic disgrace that will be remembered forever” as he announced that Israel had opened a special war room to counteract the ICC’s move. He added no force in the world will prevent Israel from bringing back its hostages from Gaza and toppling the Palestinian militant group Hamas.
Israeli president Isaac Herzog said: “We expect all leaders in the free world to condemn outright this step and firmly reject it.”
Israeli opposition leader Yair Lapid condemned the ICC decision as a “disaster”. Addressing his parliamentary faction, Mr Lapid voiced hope that the US Congress would convene and condemn the ICC measure.
More than 35,562 Palestinians have been killed and 79,652 wounded during Israel’s war in Gaza, according to the latest update from the local health ministry. They maintain that the majority of the casualties are women and children.
“Israel, like all states, has a right to take action to defend its population,” Mr Khan’s statement read. “That right, however, does not absolve Israel or any state of its obligation to comply with international humanitarian law.
“Notwithstanding any military goals they may have, the means Israel chose to achieve them in Gaza – namely, intentionally causing death, starvation, great suffering, and serious injury to body or health of the civilian population – are criminal.”
The charges against Mr Sinwar, Mr Haniyeh and Mr al-Masri all relate to Hamas’s 7 October attack on Israeli soil and the alleged mistreatment of hostages taken into Gaza after the assault.
Around 1,200 people are believed to have been killed during the attack, while 245 people were taken hostage, 120 of which remain in Gaza.
Mr Khan said the crimes of the three leaders include “extermination, murder, taking of hostages, rape and sexual assault in detention”.
He alleges that the three Hamas leaders are “criminally responsible for the killing of hundreds of Israeli civilians in attacks perpetrated by Hamas”.
He said they all effectively acknowledged their responsibility when they visited hostages shortly after their kidnapping.
“My Office also submits there are reasonable grounds to believe that hostages taken from Israel have been kept in inhumane conditions, and that some have been subject to sexual violence, including rape, while being held in captivity,” the statement read.
“We have reached that conclusion based on medical records, contemporaneous video and documentary evidence, and interviews with victims and survivors. My Office also continues to investigate reports of sexual violence committed on 7 October.”
A senior Hamas official told Reuters after the statement was made that it “equates the victim with the executioner”.
Sami Abu Zuhri also said the ICC decision gives encouragement to Israel to continue its “war of extermination” in Gaza.
The possibility of arrest warrants for the three Hamas leaders may appear uncontroversial - but the ICC chief prosecutor’s inclusion of Mr Netanyahu is sure to enrage the Israeli administration.
When reports surfaced last month that Mr Khan was considering this course of action, Mr Netanyahu suggested such a move “would be an outrage of historic proportions”, comments that have since been echoed by Mr Gantz.
He reiterated that Israel “has an independent legal system that rigorously investigates all violations of the law”.
Asked by CNN about the comments made by Mr Netanyahu, Mr Khan said: “Nobody is above the law.”
But there was support for Mr Khan’s decision. Renowned human rights barrister Amal Clooney, who led a panel of experts in International Law convened by Mr Khan, at same time published the panel’s findings which she said “unanimously endorsed” the prosecutor’s decision. The panel included some of the world’s most prestigious international law experts including Lord Justice Fulford, a former ICC judge, Baroness Helena Kennedy, a member of the House of Lords and director of the International Bar Association Human Rights Institution and Judge Theodore Meron, a former judge and former president of the International Criminal Tribunal for the former Yugoslavia.
Kevin Jon Heller, a special advisor to Karim Khan and a professor of international law and security at the University of Copenhagen, told The Independent it was a “groundbreaking” moment in ICC history.
“This both the most momentous day in the ICCs history and one of the most momentous days in international politics in a long time,” he said.
“This is the first time in the country’s history the office of the prosecutor has sought arrest warrants for a sitting head of state and a sitting minister of defence of a western state that is supported by powerful western states, including the US, and also powerful states which are members of the court like UK, Germany and France ” he added.
“It’s one thing to bring charges against [Vladimir] Putin… who is relatively isolated internationally,” he continued referencing the ICC arrest against the Russian president for alleged crimes committed in his invasion of Ukraine.
“Israel is in a very different place than Russia. That is really fundamentally new. It is a long road ahead. This is just the beginning, not the end, but it is a it’s a pretty important beginning,” Mr Heller said.
He added that he fully expected the applications for the arrest warrants to be granted which could impact the ability for any of the five to travel. Every state that is a member of the ICC has a legal obligation under international law, via the Rome Statute, to execute the arrest warrants.
In a statement released shortly after the news broke the families of the hostages said it “applauds” the application for arrests against senior Hamas officials saying it served as “further further recognition of the crimes against humanity they committed on October 7th and continue to perpetrate.”
They said that at least 128 innocent hostages from 24 nations remain captive in Hamas tunnels, “where they suffer daily physical, sexual, and psychological abuse.”
However the families said they were “not comfortable with the equivalence drawn between Israel’s leadership and the terrorists of Hamas.”
“We believe the way to prove this distinction to the world is by immediately entering into negotiations that will free the hostages – the living for rehabilitation, and the deceased for burial,” they added.
It comes as Israel made a new push in central Gaza on Monday, bombarded towns in the north of the Strip and said it intended to broaden its military operation in Rafah despite US warnings of the risk of mass casualties in the southern city.
Gaza medics said at least 23 people had been killed in the latest fighting, and residents said battles were intense in Jabalia in the north of the Palestinian enclave.
Israeli tanks also carried out a limited incursion into areas of Wadi Al-Salqa and Al-Karara near Deir Al-Balah, a central Gazan city which Israeli forces have not entered during more than seven months of war, local residents said.
Meanwhile, US National Security Adviser Jake Sullivan held talks in Israel that the White House had said would involve him calling for Israeli forces to go after Hamas militants in Gaza in a targeted way, not with a full-scale assault on Rafah.
But Mr Gallant signalled there would be no let-up in Israel’s operation, adding that they intended to clear Rafah of Hamas militants and rescue hostages seized in the Hamas-led raid.
“We are committed to broadening the ground operation in Rafah to the end of dismantling Hamas and recovering the hostages,” a statement from Gallant's office quoted him as telling Sullivan.
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