An order to remedy the humanitarian situation in Gaza was issued by the highest court of the United Nations. This ruling required Israel to open additional land crossings so that gasoline, food, water, and other supplies could enter the war-torn enclave.
Two fresh so-called provisional measures were granted by the International Court of Justice in a case submitted by South Africa, which accused Israel of committing acts of genocide during its military assault that followed the Hamas bombings on October 7. Israel disputes that it is carrying out genocide. It claims that, rather than targeting the Palestinian people, its military assault is self-defense against Hamas.
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The directive was issued in response to South Africa’s request for more interim measures, such as a cease-fire, citing Gaza’s hunger crisis. Israel pleaded with the court not to make any more decrees.
The court issued a legally binding decision for Israel to act “without delay” to guarantee “the unhindered provision” of humanitarian aid and necessities such as food, fuel, water, and medical supplies.
Additionally, Israel was given an order to make sure that its military does not behave in a way that might violate the rights of Palestinians as guaranteed by the Genocide Convention, such as by impeding the delivery of humanitarian aid.
The court directed Israel to provide a report on how it was carrying out the instructions within a month.
Following a brutal cross-border raid by Hamas on October 7 that claimed 1,200 lives and kidnapped 250 more, Israel declared war. Over 32,000 Palestinians have died because of Israel’s bombings and ground offensive in response, according to local health authorities. In addition, the conflict severely damaged the area and forced almost 80% of Gaza’s people to flee.
Almost all of Gaza’s population, according to the UN and foreign relief organizations, is having difficulty getting adequate food, with hundreds of thousands of people facing starvation, particularly in the region’s hardest-hit northern Gaza.
The judgment made on March 28, 2024, was hailed as “significant” by South Africa.
“The fact that Palestinian deaths are not solely caused by bombardment and ground attacks, but also by disease and starvation, indicates a need to protect the group’s right to exist,” stated the president of South Africa in a statement.
Thanking South Africa and referring to the case, the Palestinian Foreign Ministry “a vital step in the global effort to hold Israel accountable for perpetrating genocide.”
There was no immediate response from the Israeli Foreign Ministry. Earlier this month, Israel responded in writing to South Africa’s request for more sanctions, stating that the charges made by South Africa were “wholly unfounded”, “morally repugnant” and “an abuse both of the Genocide Convention and of the Court itself”.
Israel started to let humanitarian aid into Gaza after first closing its borders during the conflict. It claims that it does not impose any limitations on the quantity of humanitarian aid that may reach Gaza and charges the UN for arranging the supplies improperly.
Deliveries have been hindered, according to the UN and other assistance organizations, by Israeli military constraints, continuous conflicts, and the collapse of public order.
Israel has been collaborating with foreign partners on a plan to start shipping relief by water soon.
Israel and the UN, especially UNRWA, which is the UN organization for Palestinian refugees and the primary donor of aid to Gaza, have long-standing disagreements. UNRWA refutes Israel’s accusations that the organization tolerates and even collaborates with Hamas.
In its ruling, the court stated: “Palestinians in Gaza are no longer facing only a risk of famine … but that famine is setting in.” It referenced a report from the UN Office for the Coordination of Humanitarian Affairs stating that malnourishment and dehydration have already claimed the lives of at least 31 individuals, including 27 children.
The international court ruled that past rulings against Israel during historic hearings in the case of South Africa “do not fully address the consequences arising from the changes in the situation” in Gaza.
The UN only dispersed 116 assistance trucks in Gaza, despite the army having examined 258 of them, according to recent reports.
To try to provide relief to the destroyed northern section of the Strip, COGAT, the Israeli military authority responsible for Palestinian civilian affairs, has also conducted experimental programs to assess humanitarian aid at Israel’s key checkpoints in the south. These initiatives include using land crossings in central Gaza. The organization did not immediately respond to the ICJ’s decision.
