The International Court of Justice (ICJ) on Thursday issued new provisional measures for Israel as the catastrophic humanitarian situation in bombarded and besieged Gaza continues to deteriorate, and famine is immanent. The legally binding order compels Israel to take "all necessary and effective measures to ensure, without delay" to send in "urgently needed basic services and humanitarian assistance", including food, water, shelter, fuel and medical supplies.
The Court also unanimously ordered Israel to increase âthe capacity and number of land crossing pointsâ and to maintain âthem open for as long as necessaryâ. In its new order, the ICJ said Israel must act "in full co-operation with the United Nations".
The entire population of the Gaza Strip - more than 2.2 million people - is facing acute hunger. As a result of the widespread impact of Israel's war and its continued blockade of aid, famine is imminent in northern Gaza and is expected to occur any time between now and May, according to the latest Integrated Food Security Phase Classification (IPC) report.
The rest of the Gaza Strip is also at risk of famine if hostilities do not cease and humanitarian assistance does not reach those most in need. 1.1 million people - half the population - in Gaza face catastrophic levels of food insecurity. People are dying of starvation due to the lack of food in the tiny enclave.
In its order, the Court noted that, âthe catastrophic living conditions of the Palestinians in the Gaza Strip have deteriorated further, in particular in view of the prolonged and widespread deprivation of food and other basic necessities to which the Palestinians in the Gaza Strip have been subjectedâ, since its latest order on January 26, 2024.
The ICJ also found that âPalestinians in Gaza are no longer facing only a risk of famine, as noted in the Order of 26 January 2024, but that famine is setting inâ.
In a landmark ruling on January 26, the International Court of Justice confirmed that Palestinians have a right to be protected from acts of genocide, ordering Israel to âtake all measures within its powerâ to prevent actions that amount to genocide. Among the interim measures, the Court then ordered Israel to allow the entry of desperately needed humanitarian aid into the war-shattered enclave and to enable the provision of urgently needed basic services to the Palestinians there.
Despite the ICJ's first ruling, Israel has not stopped its relentless attacks on Gaza and continues to fail to provide or even facilitate the delivery of essential supplies for the survival of some 2.3 million people living in Gaza.
In January, the International Court of Justice began hearings in a case brought by South Africa accusing Israel of committing genocide in its war in Gaza.
Israel denies the accusation of genocide, despite its security forces killing or wounding more than five percent of the civilian population in a matter of months and its political leadership depriving the people of Gaza of access to basic means of survival.
By an overwhelming majority, the Court on Thursday also ordered Israel âto ensure with immediate effect that its military does not commit acts which constitute a violation of any of the rights of the Palestinians in Gaza as a protected group under the Convention on the Prevention and Punishment of the Crime of Genocide, including by preventing, through any action, the delivery of urgently needed humanitarian assistance.â
The International Court of Justice is the principal judicial organ of the United Nations. It was established by the Charter of the United Nations in June 1945 and became operational in April 1946. The ICJ is composed of 15 judges elected by the United Nations General Assembly and Security Council for nine-year terms. The Court has its seat in The Hague, the Netherlands. All judgments are binding on all UN member states.
Meanwhile, a report released this week by the UN Special Rapporteur on the situation of human rights in the Palestinian territories found strong indications that Israel's executive and military leaders and soldiers are acting with genocidal intent in Gaza.
âThe harrowing number of deaths, the irreparable harm done to those who survive, the systematic destruction of every aspect necessary to sustain life in Gaza â from hospitals to schools, from homes to arable land â and the particular harm to hundreds of thousands of children, and to pregnant and young mothers â this can only be interpreted as constituting prima facie evidence of an intention to systematically destroy the Palestinians as a group,â Francesca Albanese said in a report to the UN Human Rights Council.
After analyzing Israel's actions and patterns of violence in its onslaught on Gaza, underpinned by dehumanizing rhetoric from senior Israeli officials and often reflected in the actions of soldiers on the ground, the Special Rapporteurâs report said that the threshold indicating Israelâs commission of genocide had been met.
Israel is becoming increasingly isolated internationally, despite continued political and military support for its war against civilians from some influential allies such as the United States, the United Kingdom and Germany.
On March 25, 2024, the UN Security Council adopted a resolution demanding âan immediate ceasefire for the month of Ramadan respected by all parties leading to a lasting sustainable ceasefireâ in the Gaza Strip. Resolution 2728 (2024), which also calls for "the urgent need to expand the flow" of aid into Gaza, passed by a vote of 14 in favor to none against, with the United States abstaining.
Humanitarian organizations, human rights organizations, and independent legal experts have repeatedly said that the killing of thousands of innocent children and women, the siege on an entire civilian population, and the trapping of bombarded civilians behind closed borders in Gaza are crimes under international law. They demand accountability for the crimes committed against civilians in Gaza, from political and military leaders as well as those who provided arms and political or other support.
The war in Gaza is characterized by grave war crimes and other serious violations of international humanitarian law by Israeli forces. These include collective punishment of the civilian population, use of starvation as a method of warfare, denial of humanitarian aid, indiscriminate killings of civilians, disproportionate attacks, forced displacement, torture, enforced disappearance and further atrocity crimes.
Actions by Israeli government and military officials may also amount to genocide, conspiracy to commit genocide, direct and public incitement to commit genocide, attempt to commit genocide or participation in genocide under the Genocide Convention.
Following a large-scale attack by Palestinian armed groups on October 7, the Israeli cabinet declared war and the military begun launching indiscriminate and disproportionate attacks in the Gaza Strip, killing more than 32,400 Palestinians - over 1.5 percent of the Gaza population - and wounding more than 75,000 others. 70 percent of the fatalities are reportedly children and women. Among the dead are more than 13,000 children.
Among those killed are at least 174 UN staff, 348 health workers and 130 journalists. Over 12,000 people - including thousands of children - have been reported missing and are presumed dead. In total, Israel's air and ground operations in the Gaza Strip since October 7 last year have killed, wounded or left missing more than 120,000 people, or more than 5 percent of Gaza's population.
Further information
Full text: Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel), Order, International Court of Justice (ICJ), published March 28, 2024
https://www.icj-cij.org/sites/default/files/case-related/192/192-20240328-ord-01-00-en.pdf
Full text: Anatomy of a Genocide. Report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967 (A/HRC/55/73), Report to the Fifty-fifth session of the UN Human Rights Council, published March 25, 2024
https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/sessions-regular/session55/advance-versions/a-hrc-55-73-auv.pdf