Israel tells ICJ: IDF has not launched widescale operation in Rafah over concern about civilians

Jeremy Sharon is The Times of Israel’s legal affairs and settlements reporter

A rocket launcher after it was destroyed by troops in southern Gaza's Rafah, in a handout image published May 16, 2024. (Israel Defense Forces)
A rocket launcher after it was destroyed by troops in southern Gaza's Rafah, in a handout image published May 16, 2024. (Israel Defense Forces)

Addressing the International Court of Justice, Israeli attorney Gilad Noam says that while South Africa told the court that “if Rafah falls, so too does Gaza,” the opposite is true.

“Only by bringing down Hamas’s military control in Rafah will Gaza be liberated from the murderous Hamas regime and the road to prosperity and peace be paved,” says Noam, speaking to the justices on the second day of hearings in South Africa’s appeal to urge the court to halt the fighting.

Noam says that Israel has “worked diligently to protect civilians” in Gaza, and does the same for its own citizens.

“To deny Israel this right, would be to deny the right afforded to all states withheld from one,” he says. “This would tell Israeli citizens and hostages that they are not deserving of protection and of life itself.”

By contrast, he says, Hamas uses its civilians as human shields, “that is why its battalions, rockets, hostages are there.”

“We do not wish harm to these civilians as Hamas does, which is why we are taking steps to address the complexity of the situation,” Noam adds. “This is why there has not been widescale operation in Rafah, and why there are preparations to deal with the challenges.”

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