The Israeli defense team in the Hague is concerned that only two out of the 16 judges at the International Court of Justice tipped the scale to prevent the passing of an order to stop the war in Gaza in South Africa's third request to do so, Israel Hayom reported.
Seven judges ruled in the minority that Israel must stop the fighting in Gaza and that the fighting violates previous the court's orders regarding Israel's obligation to care for the humanitarian conditions of Gaza civilians. In the meantime, the Israeli government has for a long time been avoiding ordering the military to advance into Rafah to complete the destruction of Hamas. The legal echelons predict that Israel's diplomatic credit is running out and that while Israel can handle such an order militarily, it would increase international pressure.
On Thursday, the seven judges who supported the order to stop the war wrote that even if Israel would operate satisfactorily, in the end, the humanitarian situation in Gaza is worsening, and only the end of the war would stop its decline. The request was indeed denied by a majority of nine judges, but many of them did criticize the humanitarian situation in Gaza.
According to the report, the Israeli defense team in The Hague, as well as the Attorney General and Foreign Ministry, believe that the less detailed the order is, it will be able to be understood in Israel's favor. For instance: does ending the fighting mean the full withdrawal of Israeli troops from Gaza? And what would be the obligation to obey the order if Hamas renewed its attacks on Israel? The Australian judge on the court discussed this issue, writing that the orders against Israel were written vaguely, leaving room for interpretation. Therefore a more detailed order may be issued to leave less room for interpretation.
Aharon Barak, the Israeli judge in the court, attacked his fellow judges' opinion and wrote that if their complaints regard the results and not if Israel's work is satisfactory, the humanitarian situation is also the responsibility of Hamas, which commandeers aid sent to Gaza and prevents access to it by civilians, and therefor Israel can not be blamed. "The keys to ending the war are with Hamas," Barak stated.