Last Friday, the International Court of Justice (ICJ) took a provisional order  regarding the situation in Rafah. The EU has constantly supported a rules-based world order and in particular the ICJ, the highest court of the UN System. Therefore, we ask the government of Israel to respect fully this Court order. Tomorrow the Foreign Affairs Council will extensively discuss the situation in Gaza.

Last Friday, following the provisional measures already taken on 26 January and 28 March 2024, the International Court of Justice has, by 13 votes to 2, requested the Government of 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. Maintain open the Rafah crossing for unhindered provision at scale of urgently needed basic services and humanitarian assistance. Take effective measures to ensure the unimpeded access to the Gaza Strip of any commission of inquiry, fact-finding mission or other investigative body mandated by competent organs of the United Nations to investigate allegations of genocide. Submit a report to the Court on all measures taken to give effect to this order, within one month as from the date of this order.”

The highest Court of the United Nations system

Those decisions elicit the following remarks. The ICJ is the highest court of the United Nations system. All its Members States have the obligation to comply with its decisions. All EU Member States are then bound to them. Disregarding it would be against the rules based world order we support and promote everywhere. The unconditional respect and the relentless promotion of international law is at the heart of both our identity and our foreign policy. The European Union, built on the ruins left by the two world wars of the 20th century, has always been a strong supporter of a peaceful resolution of international conflicts, notably through courts such as the International Court of Justice in The Hague. We can therefore only emphasize the crucial importance of fully respecting this decision of the ICJ. Introducing caveats, objections or exceptions based on non-legal grounds damages the rule-based order, damages our values and will damage our international standing and weaken our position on other issues including Ukraine. If one of the parties is not satisfied by the decision of the Court it can of course address a specific request for interpretation but not disregard it.

Decisions consistent with the requests by almost all UN members

Those decisions are largely consistent with the requests made publicly for many months by almost all members of the UN including all permanent members of the UNSC and EU member states. The ICJ decisions are by no means targeting the brave people of Israel, which deserves to live in peace and security side by side with the Palestinian people. The Court has recalled in particular its concern over the fate of the hostages abducted during the attack in Israel on 7 October 2023. It found “deeply troubling that many of these hostages remain in captivity and reiterated its call for their immediate and unconditional release”. From the beginning, freeing the hostages has also been a core demand from the EU.

The deep concerns of the international community

The decision of the ICJ, following the requests for arrest warrants made by the Prosecutor of the International Criminal Court earlier last week, is of course not of the same nature. However, they both reflect the deep, constant and mounting concerns of the international community in front of the catastrophic situation prevailing in Gaza and the urgency to reach a cease-fire paving the way for a political solution.

On Monday, the FAC will have the opportunity to discuss extensively the situation in Gaza. This important meeting is taking place at a crucial moment. It will be enhanced by the presence of the Foreign Ministers of Egypt, Jordan, Kingdom of Saudi Arabia and Qatar and the Secretary General of the league of Arab States. They will give their assessment of the situation and present their proposals to get out of the deadlock and reach a political solution. We obviously remain also ready to welcome our Israeli counterpart. It is time for the EU to take its responsibilities in front of a catastrophic situation of an unprecedented magnitude. We have to act. Our moral and political credibility is at risk.