In a significant development, the International Court of Justice (ICJ) has directed Israel to immediately cease its military activities in Rafah, with one of the supporting judges being Judge Dalveer Bhandari, the Indian representative at the ICJ.
Judge Bhandari, a highly respected legal figure with a distinguished career, has been serving on the ICJ since 2012. Hailing from Rajasthan’s Jodhpur, he has garnered numerous accolades, including the Padma Bhushan in 2014.
His tenure at the Supreme Court saw him presiding over several landmark cases, spanning various legal domains such as public interest litigation, constitutional law, criminal law, civil procedure, administrative law, arbitration, family law, labor and industrial law, and corporate law.
Since his appointment to the ICJ, Judge Bhandari has contributed to numerous significant cases, including disputes over maritime territories, whaling in Antarctica, allegations of genocide, delineation of continental shelves, nuclear disarmament, terrorism financing, and violations of sovereign rights.
Prior to his Supreme Court tenure, Judge Bhandari served as the Chief Justice of the Bombay High Court. His notable ruling in a divorce case paved the way for considering irretrievable breakdown of marriage as grounds for divorce, prompting serious contemplation on amending the Hindu Marriage Act, 1955. His alma mater, Northwestern University School of Law in Chicago, recognized him as one of its 15 most esteemed alumni, where he earned his Master of Law in 1971.
The ICJ’s ruling, announced by Presiding Judge Nawaf Salam, came in response to an application from South Africa, accusing Israel of actions tantamount to genocide. The court’s directive mandates Israel to halt any activities that could lead to the physical destruction of the Palestinian population in Rafah.
The ruling was supported by a 13-2 vote, with only Judges Julia Sebutinde from Uganda and former Israeli High Court President Judge Aharon Barak dissenting. The verdict also emphasizes Israel’s obligation to provide unrestricted humanitarian assistance and access to UN agencies investigating genocide allegations.
Despite the ICJ’s ruling, Israel has vehemently rejected the order. Israel’s National Security Adviser Tzachi Hanegbi, along with the foreign ministry, affirmed that Israel’s military operations in Rafah adhere to international law, asserting no intention to create conditions conducive to the destruction of the Palestinian population. This sentiment was echoed by Israel’s War Cabinet Minister Benny Gantz, underscoring the continuation of military operations as deemed necessary.
The Palestinian Ambassador to the UN, Riyad Mansour, hailed the ruling, urging its immediate implementation. He stressed the mandatory adherence to ICJ resolutions, highlighting Israel’s obligation as a signatory to the Genocide Convention.
