Top UN court orders Israel to halt military offensive in Rafah
Ethics
The United Nations’ top court ordered Israel on Friday to immediately halt its military offensive in the southern Gaza city of Rafah, but stopped short of ordering a cease-fire for the enclave. Although Israel is unlikely to comply with the order, it will ratchet up the pressure on the increasingly isolated country.
Criticism of Israel’s conduct in the war in Gaza has been growing, particularly since it turned its focus to Rafah. This week alone, three European countries announced they would recognize a Palestinian state, and the chief prosecutor for another international court requested arrest warrants for Israeli leaders, along with Hamas officials.
Israeli Prime Minister Benjamin Netanyahu is also under some pressure at home to end the war, which was triggered when Hamas-led militants stormed into Israel, killing 1,200 people, most civilians, and taking roughly 250 hostage. Thousands of Israelis have joined weekly demonstrations calling on the government to reach a deal to bring the hostages home, fearing time is running out.
“The charges of genocide brought by South Africa against Israel at the International Court of Justice in the Hague are false, outrageous and morally repugnant,” Netanyahu’s government said in response to the ruling, maintaining its position that the military hasn’t and won’t target civilians.
South Africa was able to bring its case because it and Israel are signatories to the U.N.'s Genocide Convention, which includes a clause allowing the court to settle disputes over it.
Although the ruling is a blow to Israel’s international standing, the court doesn’t have a police force to enforce its orders. In another case on its docket, Russia has ignored the court’s 2022 order to halt its full-scale invasion of Ukraine.
The sharply focused decision sent a three-pronged message to Israel, ordering a halt to the Rafah offensive, access to Gaza for war crimes investigators, and a big and immediate increase of humanitarian aid to the region, parts of which are enduring famine.
Rafah is in the southernmost part of the Gaza Strip, on the border with Egypt, and over 1 million people sought refuge there in recent months after fleeing fighting elsewhere, with many of them living in teeming tent camps. Israel has been vowing for months to invade Rafah, saying it was Hamas’ last major stronghold, even as several allies warned that an all-out assault would spell disaster.
Israel started issuing evacuation orders about two weeks ago as it began operations on the edge of the city. Since then, the army says an estimated 1 million people have left as forces press deeper inside.
Rafah is also home to a critical crossing for aid, and the U.N. says the flow of aid reaching it has plunged since the incursion began, though commercial trucking has continued to enter Gaza.
Related listings
-
Biden taps Montana law professor to be 9th Circuit judge
Ethics 09/02/2022President Joe Biden nominated has nominated a University of Montana law professor to be a judge on the 9th U.S. Circuit Court of Appeals.Anthony Johnstone is a former solicitor for the state of Montana who has taught at the University of Montana sinc...
-
Wisconsin court says gun site not liable in spa shooting
Ethics 04/27/2019The state Supreme Court dismissed a lawsuit Tuesday alleging a firearms website that enabled a man to illegally purchase the pistol he used in a mass shooting at a suburban Milwaukee spa six years ago is liable in the killings, ruling that federal la...
-
Republicans pitch keeping Court of Appeals at 15 judges
Ethics 02/18/2019North Carolina Republican legislators now want to give up on the law they approved two years ago that reduces the number of Court of Appeals judges from 15 to 12 as retirements and other vacancies arise.A state Senate judiciary committee Tuesday reco...
Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.