Israeli air strikes and artillery pounded Rafah on Saturday, despite the UN’s top court ordering an immediate halt to its military offensive in the southern Gazan city.
At the same time, renewed efforts were underway in Paris, aimed at securing a ceasefire in the war.
In a case brought by South Africa alleging the Israeli military operation amounts to “genocide”, the International Court of Justice ordered Israel to halt its Rafah offensive and demanded the immediate release of hostages held by Hamas.
The Hague-based ICJ, whose orders are legally binding but lack direct enforcement mechanisms, also instructed Israel to keep open the Rafah crossing between Egypt and Gaza, which Israel closed earlier this month.
Israel gave no indication it was preparing to change course in Rafah, insisting the court had got it wrong.
“Israel has not and will not carry out military operations in the Rafah area that create living conditions that could cause the destruction of the Palestinian civilian population, in whole or in part,” National Security Adviser Tzachi Hanegbi said in a joint statement with Israel’s foreign ministry spokesman.
Hamas welcomed the ICJ ruling on Rafah but criticised its decision to exclude the rest of the Palestinian territory from the order.
In spite of the ICJ ruling, Israel carried out strikes throughout the Gaza Strip on Saturday morning as fighting raged between the army and Hamas’s armed wing.
Palestinian witnesses and AFP teams reported Israeli strikes or shelling in Rafah, the central city of Deir al-Balah, Gaza City, Jabalia refugee camp and elsewhere.
“We hope that the court’s decision will put pressure on Israel to end this war of extermination because there is nothing left here,” said Umm Mohammad Al-Ashqa, a Palestinian woman from Gaza City displaced to Deir al-Balah by the war.
Mohammed Saleh, also interviewed by AFP in the central Gazan city, said, “Israel is a state that considers itself above the law. Therefore, I do not believe that the shooting or the war will stop other than by force.”
Yahya, a 34-year-old in Gaza who did not give his second name for security reasons, said: “Perhaps these decisions… that Israel has not complied with, will make the Western world move more strongly (in favour) of our cause at popular and political levels, supporting the recognition of the state of Palestine and strengthening our rights”.
The ICJ ruling came days after Ireland, Spain and Norway said they would formally recognise a Palestinian state and the International Criminal Court prosecutor requested arrest warrants for Israeli Prime Minister Benjamin Netanyahu and top Hamas leaders on suspicion of war crimes and crimes against humanity.
In its ruling, the ICJ said Israel must “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”.
The UN court ordered Israel to allow UN-mandated investigators “unimpeded access” to Gaza to look into the genocide allegations.
It also instructed Israel to open the Rafah crossing for the “unhindered provision at scale” of humanitarian aid and called for the “immediate and unconditional release” of the hostages held by Hamas in Gaza.
Israel’s retaliatory offensive, in response to a Hamas attack, has killed at least 35,857 people in Gaza, mostly women and children, according to data from Gaza’s health ministry.
The Gaza war broke out after Hamas’s October 7 attack resulted in the deaths of more than 1,170 people, mostly civilians, according to an AFP tally based on Israeli official figures.
Hamas also took 252 hostages, 121 of whom remain in Gaza, including 37 the army says are dead.
On the diplomatic front, efforts have resumed to seek the first ceasefire in Gaza since a week-long truce and hostage release in November.
Israel sent tanks and troops into Rafah in early May, defying global opposition. It has since ordered mass evacuations from Rafah, with the UN saying more than 800,000 people have fled.
Troops took over the Palestinian side of the Rafah border crossing with Egypt, further slowing sporadic deliveries of aid for Gaza’s 2.4 million people.
Italy on Saturday became the latest donor nation to restore funding for the UN’s agency for Palestinian refugees, having suspended it in the wake of Israeli allegations that some of its employees were involved with the October 7 attack.
Rome said it would give 35 million euros to UNRWA, joining Germany, Sweden, Canada, Japan and others in resuming donations.
The security and humanitarian situation in the territory remains alarming, with a risk of famine and most hospitals no longer functioning.
The Kuwait Speciality Hospital in Rafah pleaded for fuel deliveries on Saturday “to ensure its continued operation”, saying it was the only one in Rafah governorate still receiving patients.
UN humanitarian chief Martin Griffiths said on social media site X on Friday that the situation had reached “a moment of clarity”.
“At a time when the people of Gaza are staring down famine… it is more critical than ever to heed the calls made over the last seven months: Release the hostages. Agree a ceasefire. End this nightmare.”