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A Volatile Tool Emerges in the Abortion Battle: State Constitutions

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A Volatile Tool Emerges in the Abortion Battle: State Constitutions

When the Supreme Courtroom overturned Roe v. Wade and the constitutional proper to abortion in June, it declared that it was sending the difficulty again to the “folks and their elected representatives.” However the combat has largely moved to a distinct set of supreme courts and constitutions: these within the states.

On a single day this month, South Carolina’s highest courtroom handed down its ruling that the suitable to privateness within the State Structure features a proper to abortion, a choice that overturned the state’s six-week abortion ban. Inside hours, Idaho’s highest courtroom dominated in the wrong way, saying that state’s Structure didn’t shield abortion rights; the ban there would stand.

These divergent selections displayed how risky and patchwork the combat over abortion rights might be over the following months, as abortion rights advocates and opponents push and pull over state constitutions.

For abortion rights teams, state constitutions are a crucial a part of a technique to overturn bans which have lower off entry to abortion in a large swath of the nation. These paperwork present for much longer and extra beneficiant enumerations of rights than america Structure, and historical past is filled with examples of state courts utilizing them to paved the way to determine broad rights — in addition to to strike down restrictions on abortion. They provide a means round gerrymandered state legislatures which might be pushing stricter legal guidelines.

The Supreme Courtroom’s choice has left abortion rights teams with few different choices. Of their most hopeful state of affairs, state courts and poll initiatives to determine constitutional protections would set up a firmer assure for abortion rights than the one in Roe, which rested on a safety of privateness that was not specific within the U.S. Structure.

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However simply as abortion rights teams are attempting to establish protections in state constitutions, anti-abortion teams are attempting to amend those self same paperwork to say they supply no assure of abortion rights.

And whereas the courts might seem like the final phrase as a result of their selections are usually not topic to enchantment, judges in 38 states should face the voters. A change on the bench has typically meant that the identical doc discovered to incorporate a proper to abortion instantly is asserted to not embrace that proper, within the house of some years.

“You’re going to see a variety of give and take within the years to return, in methods which may be unpredictable,” mentioned Alicia Bannon, the director of the judiciary program on the Brennan Heart for Justice, which maintains a tracker of the circumstances filed to problem abortion bans which have been enacted because the Supreme Courtroom overturned Roe. “I don’t assume it’s a dynamic the place a courtroom will difficulty a ruling and that’s the tip of the dialog.”

Legal professionals working to revive abortion rights promise extra litigation as legislatures in conservative states reconvene for the primary time because the Supreme Courtroom’s choice, vowing to cross stricter bans. Each side of the abortion debate can even commit new vitality to seat and unseat judges, and into efforts to explicitly shield or prohibit abortion protections in state constitutions, that are far simpler to amend than their federal counterpart.

“The terrain has shifted, and it’s not only a matter of we’re turning our consideration from federal to state courts, it’s that we’re turning our consideration to a complete different vary of establishments and alternatives which current their very own potentialities but in addition pitfalls,” mentioned John Dinan, a politics professor at Wake Forest and the creator of a forthcoming Montana Legislation Evaluation article on the position of state courts and constitutions in the way forward for abortion legal guidelines.

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Throughout the half-century that Roe protected a federal proper to abortion, opponents of abortion rights argued that regulation of the difficulty must be returned to the states, which may set their very own legal guidelines based on public opinion.

They’ve objected to state courtroom selections discovering a constitutional proper to abortion, saying that legal guidelines must be made by the legislatures, not justices. Murrell Smith, the Republican speaker of the Home in South Carolina, wrote on Twitter that the state courtroom’s choice “fails to respect the idea of separation of powers and strips the folks of this state from having a say in a choice that was meant to replicate their voices.”

However abortion opponents have tried to show state constitutions to their benefit, as nicely. Even earlier than Roe was overturned, poll amendments in Tennessee, Louisiana, West Virginia and Alabama modified these states’ constitutions to say that nothing in them protected a proper to abortion. Lawmakers in Montana and Alaska are trying comparable amendments.

Some opponents of abortion have argued that the rights to liberty in state constitutions ought to lengthen not solely to girls, but in addition to fetuses. Thomas Fisher, the solicitor normal of Indiana, mentioned throughout oral arguments on the case there earlier this month, “There’s a failure to acknowledge that there’s something else on the opposite facet of the equation, and that’s the unborn life.”

The framers of the Structure earlier wrote constitutions for the 13 colonies that turned the primary states. They borrowed closely from these paperwork, and left states free so as to add rights to their constitutions that don’t exist within the federal one. Wyoming’s Structure, for instance, protects the chance to hunt, fish and lure; New Jersey’s features a minimal wage that will increase yearly.

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State constitutions are simpler to vary, via poll measures proposed by residents or legislatures (allowed in each state however Delaware). And so they have been revised much more usually than the federal structure.

“Should you went again to the origins of our nation, federal courts weren’t irrelevant, however there weren’t many circumstances there,” mentioned Margaret Marshall, the previous chief justice of the Supreme Judicial Courtroom of Massachusetts. “Every part occurred within the states.”

Because the U.S. Supreme Courtroom turned extra conservative in its strategy within the Nineteen Seventies, Justice William Brennan, himself a former justice of the New Jersey Supreme Courtroom, wrote an influential article urging activists to rely extra on state constitutions to increase civil liberties, noting that state courts had relied on them to determine rights, together with these to housing and to jury trials, past what federal courts had executed.

A newer instance is same-sex marriage. Even when Congress refused to acknowledge same-sex marriages, the excessive courtroom in Massachusetts dominated that below its Structure, the state couldn’t deny a wedding license on the idea of intercourse. The opinion, written by Justice Marshall, declared that the State Structure protected private liberty “usually extra so” than the federal Structure.

“The genius of our federal system is that every state’s Structure has vitality particular to its personal traditions,” she wrote.

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The lawsuits now depend on a variety of rights — and typically a number of rights — in state constitutions, reflecting the variations in these paperwork, in addition to the bets that abortion rights supporters are making about which arguments are prone to succeed.

Whereas 11 state constitutions explicitly point out privateness — the idea of the argument for Roe — solely two of these are in states that ban abortion. One is South Carolina, the place earlier this month a divided courtroom discovered that the suitable to privateness prolonged to a proper to abortion. That call was a contented shock to abortion rights teams, not least as a result of the justices, whereas nonpartisan, had been appointed by the Republican-controlled State Legislature.

Within the different state with an specific proper to privateness, Arizona, abortion rights teams selected to argue their case as a substitute on a state constitutional proper to due course of, strategizing that the members of the state’s Supreme Courtroom could be unsympathetic to the privateness argument.

Different lawsuits argue {that a} proper to abortion falls below state constitutional protections for liberty, free of charge train of faith, or for inherent, pure or basic rights — provisions which might be included in each state structure and sometimes go nicely past what the Invoice of Rights established.

Roughly half the state constitutions even have equal rights amendments defending the rights of ladies, and a number of other circumstances which have been filed since Roe was overturned depend on these provisions.

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And lawsuits in two states, Wyoming and Ohio, argue for a proper to abortion primarily based on constitutional amendments the states’ voters handed in protest to President Barack Obama’s broad overhaul of well being care, defending residents’ rights to make their very own well being care selections.

A lot of the circumstances are awaiting trial. Solely the state supreme courts in North Dakota, Kentucky and Indiana have already heard arguments.

Preliminary rulings have given some indication of what arguments would possibly set up a proper to abortion, even in conservative states. In North Dakota, Utah, Wyoming and Indiana, the courts blocked abortion restrictions quickly, saying that the abortion rights circumstances had a probability of success at trial.

The North Dakota courtroom mentioned the state’s near-total ban almost certainly violated a constitutional provision establishing “sure inalienable rights,” together with “these of having fun with and defending life and liberty” due to its burdens on docs and pregnant girls. The Utah courtroom mentioned the lawsuit from the abortion rights teams raised “severe points” about whether or not the abortion ban violated a constitutional provision granting rights equally to “each female and male residents.”

The courtroom additionally famous that it had beforehand acknowledged a constitutional proper to privateness defending issues “of no correct concern to others,” together with “issues which could end in disgrace or humiliation, or merely violate one’s delight in preserving personal affairs to [one]self.” That features a proper to find out “household composition.”

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As a result of some state constitutions had been written greater than a century in the past, courts are deciding whether or not to view them via the eyes of their framers, or in a present-day context. That helps clarify why the courts in South Carolina and Idaho diverged.

In South Carolina, attorneys for the lawyer normal and the Legislature had argued that the justices needed to interpret the Structure primarily based on the precise language within the doc. They famous {that a} committee that revised the Structure within the mid-Nineteen Sixties made no particular reference to a proper to abortion. However the justices within the majority opinion mentioned that the committee had no girls, and the state’s excessive courtroom had since dominated in one other choice that the constitutional proper to privateness prolonged to “bodily autonomy.”

“We can not relegate our position of declaring whether or not a legislative act is constitutional by blinding ourselves to all the things that has transpired since,” the justices wrote.

In Idaho, the place there isn’t a specific proper to privateness, a equally cut up courtroom rejected arguments {that a} proper to abortion was basic in constitutional ensures of the “inalienable rights” to life, liberty and property.

The courtroom selected to interpret the state’s Structure “primarily based on the plain and abnormal which means of its textual content, as meant by those that framed and adopted the supply at difficulty.” There was no proof, the justices wrote, {that a} proper to abortion was “deeply rooted” within the state in 1889, when the clause on inalienable rights was adopted. If the folks of Idaho don’t just like the state’s new bans, the justices wrote, “they will elect new legislators.”

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Excessive courtroom selections, nonetheless, have been reversed by courts themselves, as in Iowa. There, the very best courtroom dominated in 2018 that the State Structure protected a proper to abortion, solely to reverse itself 4 years later, after Gov. Kim Reynolds, a Republican, named 4 new justices.

Eyes at the moment are on Florida, the place the state’s Supreme Courtroom in 1989 established a proper to abortion in state constitutional protections for privateness, going past what the Roe courtroom had executed, and voters in 2012 rejected a poll measure that may have reversed that call.

Within the final yr, Gov. Ron DeSantis, a Republican, has taken benefit of retirements on the courtroom to seat a majority that opposes abortion. Abortion rights advocates have filed go well with in opposition to the state’s 15-week ban on abortion; final week, the brand new courtroom agreed to listen to the case.

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Germany’s new generation of winegrowers

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Germany’s new generation of winegrowers

There is currently a rather touching, to me anyway, ad campaign being run by the VDP, the association of elite wine producers in Germany.

It consists of an Instagram blitz and about 20 digital posters in German cities, each depicting a young(ish) winegrower, with a quote from each of them explaining why they have chosen their career.

Typically, they have taken over relatively small enterprises from their parents and are doing the hard work in the vineyard and cellar themselves. Julian Huber of the famous Bernhard Huber estate in Baden producing Germanic answers to red and white burgundy is disarmingly modest: “I probably wouldn’t have been good for anything else.”

Eleventh-generation grower Peter Jakob Kühn in the Rheingau was famously a pioneer of organic viticulture there, back in the early 1990s. His son Peter Bernhard Kühn waxes philosophical with his contribution: “I learn, love and hate, am king and servant, find freedom and connection.” Kai Schätzel in Rheinhessen is working in the family estate for the most altruistic of reasons: “I believe that good agriculture can save the world.”

It would be misleading, however, to suggest that only the sons inherit the earth at German family wine estates. Despite having three older brothers, it is Catharina Mauritz who has taken over the Domdechant Werner estate in the Rheingau from her father, Franz Michel. Katharina Prüm long ago succeeded her father, Manfred, at the famous JJ Prüm estate in the Mosel, making wines that are noticeably fruitier and more approachable in their youth. Upstream in the Saar valley Dorothee Zilliken has taken over the reins from her father, Hanno. She and her husband, Philipp, are deliberately making wines that are even lighter, and perceptibly drier, than those of the previous generation.

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The campaign may be partly in response to the labour shortage affecting wine production in Germany, as throughout the wine world. But according to the VDP, aware that there are many easier jobs than winegrowing, it is “a political message designed to generate enthusiasm and empowerment among nature, culture and craft lovers”. It reflects today’s spirit of co-operation among VDP members, something I was assured on a recent visit there was not that common a generation or two ago.

Part of what I love about winegrowing is that its appeal is strong enough to persuade young, well-travelled, well-educated people to adopt a physically demanding outdoor profession in which they are pitted against a more powerful, increasingly unpredictable force: nature. Winegrowing is an art, a craft and nowadays has to be a science too.

Younger generations of vintners not only routinely attend top wine schools but also intern at some of the world’s finest wine estates, where they soak up the latest practicalities of grape-growing and winemaking.

Wine writer and retired producer Armin Diel of Schlossgut Diel in the Nahe told me that his 2001 Christmas present to his daughter Caroline, now in charge of the estate with her French husband, Sylvain Taurisson-Diel, was a handwritten letter presented on a silver plate from Aubert de Villaine of Burgundy’s most famous estate Domaine de la Romanée-Conti, inviting her to intern during the 2002 harvest.

Nature can be a cruel adversary. At this year’s Weinbörse wine fair in Mainz, where almost 1,700 of the latest releases were shown by the great majority of the VDP’s 200 members, many of the producers were still reeling from especially savage frosts a few days earlier. The Zillikens reckon to have lost up to 70 per cent of their potential 2024 crop, so many buds were turned to ice on the vine.

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In the nearby Ruwer valley, the famous vineyards of the Maximin Grünhaus estate were also badly hit. But Maximin von Schubert, who has taken over from his father, Carl von Schubert, and continues the estate’s diversification into red wine production thanks to some rather lovely Pinot Noir plant material imported from Burgundy, has taken out a form of frost insurance. He has deliberately bought land round about the original estate vineyards with different expositions and elevations, thereby reducing the likelihood of their all being frosted at the same time.

If there were a stylistic generalisation to be made about the wines of the current generation of VDP members, it is that they seem to be following German consumer taste in making drier and drier wines. Sweetness in German wine is all too readily associated with the darkest days of the industry in the 1970s and early 1980s in the wake of the 1971 German Wine Law that promoted sweetness above all else, including true quality.

It has taken years of discussion, largely on the part of the VDP, to evolve a system that prizes geography and balance above the Kabinett, Spätlese and Auslese categories defined by residual sugar levels. Today there is also a labelling system more like Burgundy’s in which the most admired wines, and the ones likely to benefit from the finest grapes, are those from the most specific locations: single-vineyard wines.

Caroline Diel, for instance, is now making wines that are bone dry and distinctly chewy in youth so that she has completely changed the estate’s release timetable. Today’s Schlossgut Diel wines enjoy much longer ageing in bottle before being put on the market. Unlike most other producers in Mainz she had no 2023 whites to show and even her 2022s were still tightly textured.

The same phenomenon is evident in the wines being made by Sebastian Fürst, son of Paul of the Rudolf Fürst estate in Franken. Paul was a pioneer of fine Pinot Noir, called Spätburgunder in Germany. Sebastian, who joined him in 2007, is typical of his generation, having studied viticulture and oenology at Geisenheim university and having worked in wineries in Burgundy, Alsace, Spain, South Africa and other top addresses in Germany. His 2022 Spätburgunders are particularly youthful, yet clearly very promising.

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Sebastian Fürst also displays the environmental awareness of his generation, a phenomenon vigorously promoted within the VDP by Johannes Hasselbach, who worked in finance before coming back to his family’s Gunderloch estate in Rheinhessen. On his watch there seems to be new energy and polish to the wines from their famous vineyards on the Rhine.

Like so many of his contemporaries, Hasselbach treasures the flavours that result from the yeasts naturally present in the vineyard and winery above those that result from specially cultured yeasts that have been bought in.

Jan Eymael came back to Weingut Pfeffingen in the Pfalz from interning at Château Smith Haut Lafitte in Bordeaux with his wife, Karin, and realised he really liked the smell of their blend of Sauvignon Blanc and Sémillon in the fermentation vat. As a result he developed a new, much more opulent style for the white they make from their mature Scheurebe vines.

As a result of all these outside influences, German wine may be more varied than it was in the 1970s sugar-water era, but it is so much better.

Favourite recent releases of wines tasted in Mainz

In the UK, Howard Ripley will be offering wines shown in Mainz next month. The Germans see 1Gs as their Premiers Crus and GGs as their Grands Crus.

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Rieslings

  • Peter Lauer, Ayler Kupp Auslese #10 2023 Mosel (7.8%)

  • Maximin Grünhauser, Abtsberg Spätlese 2023 Mosel (7.5%)

  • Fritz Haag, Brauneberger Juffer Kabinett 2023 Mosel (8%)

  • Dr Bürklin-Wolf, Wachenheimer Böhlig 1G 2023 Pfalz (12.5%)

  • Dr Bürklin-Wolf, Wachenheimer Rechbächel 1G 2023 Pfalz (12.5%)

Reds

  • Meyer-Näkel, Dernauer Blauschiefer Spätburgunder 2022 Ahr (13%)

  • A Christmann, Königsbacher Ölberg Spätburgunder 1G 2022 Pfalz (13%)

  • Jean Stodden, Recher Herrenberg Frühburgunder GG 2021 Ahr (12.5%)

  • Jean Stodden, Bad Neuenahrer Sonnenberg Spätburgunder GG 2021 Ahr (13%)

  • Dr Heger, Achkarrer Schlossberg Spätburgunder GG 2020 (13.5%)

Tasting notes, scores and suggested drink dates on Purple Pages of JancisRobinson.com. International stockists on Wine-searcher.com

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Boos and anti-Trump chants at Libertarian convention where former president is set to speak

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Boos and anti-Trump chants at Libertarian convention where former president is set to speak

WASHINGTON — Former President Donald Trump is used to warm welcomes by loyal supporters at speaking events on the campaign trail.

This weekend might be different.

Trump is set to deliver a speech Saturday at the 2024 Libertarian National Convention, and if Friday night’s program is any indication, he could be facing a hostile crowd.

Former GOP presidential candidate Vivek Ramaswamy, who quickly endorsed Trump after dropping out, was booed during his convention remarks Friday night when he mentioned Trump.

“I’m speaking to you as a libertarian at my own core. I have gotten to know Donald Trump over the course of the last several years and the last several months,” Ramaswamy said as many in the crowd booed in response.

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Ramaswamy continued, urging the audience of about 100 to ask themselves if they wanted to influence the next administration.

Separately, as Libertarian party members reviewed procedures and motions, a person at a microphone proposed that “we go tell Donald Trump to go f— himself.”

The audience cheered and roared with applause.

“That was my motion too!” another man yelled. “We are a Libertarian convention looking to nominate Libertarians. We do not need to give that time to non-Libertarians.”

Behind the two men, a third chanted, “F— Donald Trump.”

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A spokesperson for the Trump campaign did not immediately respond to a request for comment on the crowd’s sentiments toward the presumptive Republican nominee for president.

Several voters watching speeches at the convention, where independent presidential candidate Robert F. Kennedy Jr. spoke, said they were disillusioned with both major political parties.

Avi Rachlin, a 22-year-old Michigan voter, said he cast a ballot for Trump in 2020 but plans to vote for the Libertarian candidate in November.

“People say that a third party vote is a wasted vote. You’re voting for the other team,” Rachlin said on Friday. “And I don’t see it that way. I think it sends a strong message of disapproval with the current contenders for both offices.”

John Burke Stringfellow, a Virginia voter who said he backed Trump in 2016 and then President Joe Biden in 2020, said he thought a rematch between the two candidates is “terrible.”

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“I say ditch the rematch and go for a three match,” he said.

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Top UN court orders Israel to halt Rafah offensive

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Top UN court orders Israel to halt Rafah offensive

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The UN’s top court has ordered Israel to “immediately halt” its military offensive in Rafah, the southern Gazan city that had become a refuge for more than 1mn civilians since the war between Israel and Hamas erupted last year.

Despite intense international pressure to refrain, Israeli forces entered the city earlier this month, with officials insisting the assault was necessary to defeat Hamas, which triggered the war with its October 7 attack on Israel.

However, in an order issued in response to an urgent request brought by South Africa, the International Court of Justice on Friday said conditions in Rafah were “disastrous”, and instructed Israel to stop.

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The court also ordered Israel to reopen the Rafah crossing between Gaza and Egypt to allow “unhindered provision at scale of urgently needed basic services and humanitarian assistance”, and to allow investigators into the enclave.

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The ICJ has no way of enforcing its orders — Russia continues to flout the court’s 2022 order to suspend its military operations in Ukraine. But Friday’s order adds to intense international pressure on Israel over its war in Gaza, which has fuelled a humanitarian catastrophe in the enclave.

Israel’s Prime Minister Benjamin Netanyahu was due to discuss the order with senior officials on Friday, his office said.

Far-right finance minister Bezalel Smotrich said Israel would not agree to stop the war in Gaza. “Those who demand that the State of Israel stop the war, demand that it decree itself to cease to exist,” he wrote on the social media platform X. “If we lay down our weapons, the enemy will reach the beds of our children and women throughout the country.”

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But internationally, the pressure to end the war is growing.

The EU’s chief diplomat said the ICJ’s ruling on Friday would force the bloc to choose between supporting “rule of law [or] . . . Israel”.

“We will have to choose between our support for international institutions and the rule of law, and our support for Israel,” Josep Borrell told a conference in Florence, adding that either choice was “going to be quite difficult”.

“We’ve been clear and consistent on our position on Rafah,” a spokesperson for the White House’s National Security Council told the Financial Times, when asked about the US response to the ICJ ruling. The US has opposed Israel’s full invasion of Rafah without a plan to protect civilians.

A wounded Palestinian boy stands next to a damaged home in Rafah
A wounded Palestinian boy stands next to a damaged home in Rafah following Israeli strikes © AFP/Getty Images

On Monday the prosecutor of the International Criminal Court — which deals with crimes by individuals rather than states — sought arrest warrants for Netanyahu and defence minister Yoav Gallant, and three Hamas leaders, saying he had “reasonable grounds to believe” they were responsible for alleged war crimes.

On Wednesday, Spain, Norway and Ireland pledged to recognise a Palestinian state next week. Spain’s Prime Minister Pedro Sánchez said that while Israel had a right to defend itself, its assault on Gaza, which has killed more than 35,000 people, according to Palestinian officials, was putting a two-state solution “in danger”.

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Netanyahu dismissed the ICC prosecutor’s move as “a distortion of reality” and insisted Israel would continue its offensive in Gaza — which it launched in response to Hamas’s October 7 attack, during which militants killed 1,200 people, and took another 250 hostage, according to Israeli officials — regardless of international criticism.

Gallant on Thursday said Israel was stepping up its assault on Rafah, and that 1mn civilians had left the city since Israel began its operation there on May 7.

Heavy Israeli air strikes were reported in Rafah in the wake of the ICJ ruling on Friday, according to Palestinian eyewitnesses and social media; Israeli analysts speculated the target was the Hamas brigade commander for the area.

South Africa’s request is part of a case it brought last year alleging Israel is committing genocide against Palestinians in Gaza. Israel has vehemently denied the charges, and the ICJ is unlikely to issue a final decision in the case for years.

But the court has twice issued interim orders in the case. In January, it told Israel to comply with international law on genocide, and in March, to ensure more food and humanitarian assistance reached Palestinians in Gaza, warning that famine was “setting in”.

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Israel does not recognise the ICC. But it is a member of the ICJ, and as such is meant to implement its orders.

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