Mike Corder and Josef Federman –
The United Nations’ top court on Thursday ordered Israel to take steps to improve the humanitarian situation in Gaza, including opening more land crossings to allow food, water, fuel and other supplies into the war-torn enclave.
The International Court of Justice issued two new provisional measures in a case brought by South Africa accusing Israel of acts of genocide in its military campaign launched after the October 7 attacks by Hamas. Israel denies it is committing genocide and accused South Africa of attempting to “undermine Israel’s inherent right and obligation to defend its citizens.”
Thursday’s order came after South Africa called for more interim measures, including a ceasefire, citing the famine in Gaza. Israel, which had urged the court not to issue new orders, said it does not place limits on aid entering Gaza and promised to “promote new initiatives” to bring even more assistance.
In its legally binding order, the court ordered Israel to take measures “without delay” to ensure “the unimpeded provision” of basic services and humanitarian assistance, including food, water, fuel and medical supplies.
He also ordered Israel to immediately ensure that its military did not take actions that could harm the rights of Palestinians under the Genocide Convention, including by preventing the delivery of humanitarian assistance.
The court ordered Israel to report within a month on the implementation of the orders.
Israel declared war in response to a bloody Hamas cross-border attack on October 7 in which 1,200 people were killed and another 250 taken hostage. Israel responded with a campaign of airstrikes and a ground offensive that has left more than 32,000 Palestinians dead, according to local health authorities.
The Health Ministry in Hamas-ruled Gaza does not differentiate between civilians and fighters, but says about two-thirds of the dead are women, children and adolescents. Israel says more than a third of those killed are militants, although it has provided no evidence to support that claim, and blames Hamas for civilian casualties because the group operates in residential areas.
The fighting has displaced more than 80 percent of Gaza’s population, caused widespread damage and sparked a humanitarian crisis. The UN and international aid agencies say virtually the entire population of Gaza is struggling to get enough food, with hundreds of thousands of people on the brink of famine, especially in hardest-hit northern Gaza.
South Africa welcomed Thursday’s decision, calling it “significant.”
“The fact that Palestinian deaths are not caused solely by bombings and ground attacks, but also by disease and hunger, indicates the need to protect the group’s right to exist,” the South African president said in a statement.
Hamas, an Islamic militant group that has vowed to destroy Israel, said the international community must enforce the decision.
“It must be implemented immediately so that this decision does not remain a dead letter,” he said.
The Palestinian Foreign Ministry thanked South Africa and called the case “a vital step in the global effort to hold Israel accountable for perpetrating genocide.”
After initially sealing Gaza’s borders in the early days of the war, Israel began allowing humanitarian supplies in. It says it places no restrictions on the amount of humanitarian aid allowed to Gaza and accuses the United Nations of failing to properly organize deliveries. On Tuesday, the military said it inspected 258 aid trucks, but the UN only distributed 116 inside Gaza.
The UN and international aid groups say deliveries have been hampered by Israeli military restrictions, ongoing hostilities and disruption of public order.
The Israeli Foreign Ministry accused South Africa of making “cynical attempts” to exploit the world court to undermine Israel’s right to self-defense and secure the release of remaining hostages. Israel says Hamas continues to hold about 100 hostages and the remains of another 30 people killed on Oct. 7 or who died in captivity.
“Israel will continue to promote new initiatives and expand existing ones, in order to enable and facilitate the flow of aid to the Gaza Strip…despite the operational challenges on the ground and Hamas’ active and abhorrent efforts to seize, and steal help,” he added.
Israel has been working with international partners on a plan to begin aid deliveries by sea soon.
Israel has repeatedly clashed with the United Nations, particularly UNRWA, the UN agency for Palestinian refugees and the main aid provider in Gaza. Israel accuses the agency of tolerating and even cooperating with Hamas, a charge UNRWA denies.
The court said in its order that “Palestinians in Gaza no longer face only the risk of famine… but that famine is beginning.” It cited a report from the United Nations Office for the Coordination of Humanitarian Affairs that said at least 31 people, including 27 children, have already died of malnutrition and dehydration.
The world court said previous orders imposed on Israel after landmark hearings in the South Africa case “do not fully address the consequences arising from the changes in the situation” in Gaza.
COGAT, the Israeli military body in charge of Palestinian civil affairs, has also carried out pilot programs to inspect humanitarian aid at Israel’s main checkpoints in the south and then use land crossings in central Gaza to try bring aid to the devastated northern part of Gaza. Band. The agency had no immediate comment on the ICJ ruling.
Federman reported from Jerusalem.