Israel's allies face genocide complicity if ICJ order is ignored — expert

The ruling of International Court of Justice (ICJ) ordering Israel to halt its Rafah invasion is a step in the right direction, but the critical issue now is compliance, according to a noted legal expert.

"Israel's allies, such as the US and UK, cannot be complicit. This means, arms sales, for example, should be immediately suspended and states should not be providing diplomatic cover for Israel's egregious violations of international law, for example, by not vetoing any UN Security Council resolution focused on the compliance with this order," Zaki Sarraf, legal officer at the International Center of Justice for Palestinians (ICJP), told Anadolu Agency, hours after ICJ's new order.

If these countries continue to support Israel and block attempts to hold it accountable, they face the very real risk of facing charges of "complicity in genocide" outlined in Article III of the Genocide Convention, he said.

"If states such as the US and the UK provide diplomatic cover or they provide political cover or they continue selling arms to Israel, this could amount to complicity in what ICJ have already ruled as a plausible genocide against the Palestinians," Sarraf noted.

"Israel has shown an absolute and total disregard of international law, and the previous orders of the ICJ, so the next step from this ruling is compliance and respect for the law," the expert said.

Israel must comply

On Friday, the top UN court, besides reaffirming its January 26 and March 28 orders, ordered Israel to "immediately halt its military offensive, and any other action" in Rafah "which may inflict on the Palestinian group in Gaza conditions of life that could bring about its physical destruction in whole or in part."

Israel has also been ordered to "maintain open the Rafah crossing for unhindered provision at scale of urgently needed basic services and humanitarian assistance" and "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."

The court has given Israel one month to submit a report on all measures taken to implement these orders.

"It’s imperative that Israel complies with the order," Sarraf reiterated.

"As we know, South Africa's Foreign Ministry have confirmed that they are taking the ICJ ruling to the UN Security Council to ensure the order is complied with. So it is imperative that any UN Security Council resolution related to compliance on this order is respected and not vetoed to ensure the lives of Palestinians are protected."

Over a million flee Israeli invasion in Rafah

In the past two weeks, more than a million Palestinians have fled Rafah as Israeli occupation military pressed deeper into the city.

People displaced by Israeli attacks lack shelter, food, water and other essentials for survival, the UN says.

The government of Israeli hawkish Prime Minister Benjamin Netanyahu said accusations it is committing a genocide in Gaza are "false, outrageous and morally repugnant."

"Israel has not and will not conduct military actions in the Rafah area which may inflict on the Palestinian civilian population in Gaza conditions of life that could bring about its physical destruction in whole or in part," Netanyahu's government said on Friday, signalling that it's Rafah invasion will not stop.

Israel's Finance Minister Bezalel Smotrich said: "Those who demand that the State of Israel stop the war, demand that it decree itself to cease to exist. We will not agree to that."

The White House, meanwhile, said it has been "clear and consistent" on its position on Rafah. US Senator Lindsey Graham said that ICJ "can go to hell".

"It is long past time to stand up to these so-called international justice organizations associated with the UN," Graham said.