In a significant ruling by the International Court of Justice (ICJ), Israel has been ordered to immediately halt its military operations in Rafah. This decision, announced by Presiding Judge Nawaf Salam, was supported by a majority vote of 13-2. Among those in favor was Judge Dalveer Bhandari, the Indian representative at the ICJ. Judge Bhandari, who has been a member of the ICJ since 2012, has a distinguished career in law and has played a pivotal role in several landmark cases.
Judge Bhandari, born in Jodhpur, Rajasthan, in 1947, has a rich legacy of legal achievements. Before his tenure at the ICJ, he served as a senior judge of the Supreme Court of India and as the Chief Justice of the Bombay High Court. His judicial contributions span various domains including public interest litigation, constitutional law, and criminal law. One of his notable rulings in a divorce case paved the way for considering an irretrievable breakdown of marriage as a valid ground for divorce, influencing amendments to the Hindu Marriage Act, 1955.
The ICJ’s ruling came in response to an application from South Africa, accusing Israel of actions that could amount to genocide against the Palestinian population in Rafah. The court mandated that Israel must cease any actions that could lead to the physical destruction of the Palestinian people and must provide unhindered humanitarian aid and access to UN bodies investigating these allegations. Judges Julia Sebutinde from Uganda and former Israeli High Court President Judge Aharon Barak were the only dissenters in the ruling.
Despite the ICJ’s decision, Israel has rejected the order. Israel’s National Security Adviser Tzachi Hanegbi, along with the foreign ministry, maintained that their military operations in Rafah comply with international law and that they do not intend to create conditions leading to the destruction of the Palestinian population. This sentiment was echoed by Israel’s War cabinet minister Benny Gantz, who asserted that military operations would continue as necessary.
Palestinian Ambassador to the UN, Riyad Mansour, welcomed the ICJ’s ruling and called for its immediate implementation. He emphasized the mandatory nature of ICJ resolutions, highlighting Israel’s obligations as a party to the Genocide Convention. Mansour urged the international community to ensure Israel’s compliance with the court’s decision.
Judge Bhandari’s involvement in this ruling underscores his commitment to upholding international law and human rights. His extensive experience and judicial acumen have contributed significantly to the ICJ’s deliberations on numerous critical global issues, including maritime disputes, nuclear disarmament, and sovereign rights violations.
The decision by the ICJ is a stark reminder of the ongoing tensions in the Middle East and the complexities involved in addressing allegations of genocide and human rights violations. As the international community watches closely, the enforcement of this ruling remains a critical test for global governance and the rule of law.
