The Legality of Israel’s Military Offensive in Rafah and Attack at Tal Al-Sultan

On 24 May 2024, the International Court of Justice (ICJ) issued its third order on provisional measures in the South Africa v. Israel case concerning alleged violations of the Genocide Convention. The ICJ ordered Israel inter alia 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’.  

Two days later, on 26 May, an Israeli airstrike reportedly hit the Tal al-Sultan area in Rafah, where displaced persons had sought shelter, killing 45 and injuring over 200 others. 

This publication examines the legality of Israel’s continued military offensive in Rafah and of the attack at Tal al-Sultan in light of the ICJ’s order on provisional measures and international humanitarian law (IHL). 

All publications on the South Africa v. Israel case are available on this page, and all materials relating to the 2023-2024 hostilities in Israel and Gaza can be found here. 

COVER PHOTO: MOHAMMED ZAANOUN/ACTIVESTILLS PHOTO COLLECTIVE, GAZA UNDER ATTACK (RAFAH, 28 DECEMBER 2023). ALL RIGHTS RESERVED.