The International Court of Justice, the top United Nations court, issued two new provisional measures on Thursday in response to a case brought by South Africa against Israel. The case accuses Israel of committing acts of genocide in its military campaign launched after attacks by Hamas on October 7. Israel denies the accusation, stating that its military actions are aimed at Hamas and are acts of self-defense, not genocide against the Palestinian people.
In its ruling, the court ordered Israel to take immediate action to improve the humanitarian situation in Gaza. This includes opening more land crossings to allow the unimpeded flow of essential supplies such as food, water, fuel, and medical aid into the war-torn enclave. Additionally, Israel was instructed to ensure that its military actions do not infringe upon the rights of Palestinians under the Genocide Convention, particularly by obstructing the delivery of humanitarian assistance.
The court’s order comes in response to South Africa’s request for additional provisional measures, citing the dire humanitarian situation in Gaza, including widespread starvation. Despite Israel’s objections, the court’s decision is legally binding.
Israel launched its military campaign in response to a deadly cross-border attack by Hamas on October 7, which resulted in numerous casualties and hostages. The ensuing airstrikes and ground offensive by Israel have led to significant loss of life and displacement of Palestinians in Gaza. The region now faces a severe humanitarian crisis, with a large portion of the population struggling to access basic necessities, especially in the heavily impacted northern areas.
South Africa welcomed the decision on Thursday, describing it as “significant.”
The South African president stated in a release, “The fact that Palestinian fatalities arise not just from bombardment and ground assaults, but also from illness and hunger, underscores the need to safeguard the group’s right to exist.”
In an online statement, Hamas insisted that the ruling must be enforced by the international community. “It should be executed immediately to prevent it from being merely symbolic,” the militant group emphasized.
The Palestinian Foreign Ministry expressed gratitude to South Africa, regarding the case as “a crucial step in the global endeavor to hold Israel accountable for alleged acts of genocide.”
The Israeli Foreign Ministry refrained from immediate comment.
In a written rebuttal earlier this month to South Africa’s plea for additional measures, Israel dismissed the claims as “completely baseless,” “morally abhorrent,” and “an exploitation of both the Genocide Convention and the Court itself.”
Initially, Israel sealed Gaza’s borders at the onset of the conflict, but later allowed humanitarian supplies to enter. Israel asserts that it does not restrict the amount of humanitarian aid permitted into Gaza and accuses the United Nations of failing to coordinate deliveries adequately.
However, the United Nations and international aid organizations contend that Israeli military restrictions, ongoing hostilities, and breakdowns in public order have hindered aid deliveries.
Israel is collaborating with international partners on a plan to initiate aid deliveries by sea soon.
Israel has frequently clashed with the United Nations, particularly with UNRWA, the U.N. agency for Palestinian refugees and the primary aid provider in Gaza. Israel accuses the agency of tolerating and even collaborating with Hamas, a charge UNRWA denies.
The court, in its ruling, noted that “Palestinians in Gaza are no longer merely at risk of famine… but are actually experiencing famine.” It cited a report from the United Nations Office for the Coordination of Humanitarian Affairs indicating that at least 31 individuals, including 27 children, have already died from malnutrition and dehydration.
The world court observed that earlier orders imposed on Israel following landmark hearings in South Africa’s case “do not fully address the consequences arising from the changes in the situation” in Gaza.
On Tuesday, the army reported inspecting 258 aid trucks, of which only 116 were distributed within Gaza by the U.N.
COGAT, the Israeli military body responsible for Palestinian civilian affairs, has conducted pilot programs to inspect humanitarian aid at Israel’s main checkpoints in the south and then transport aid through land crossings in central Gaza to reach the devastated northern part of the Strip. The agency had no immediate response to the ICJ ruling.
