UPDATES WITH ONE MORE QUOTE FROM ICJ ORDER, STATEMENT FROM SOUTH AFRICAN PRESIDENCY
By Burak Bir
LONDON (AA) - The International Court of Justice (ICJ) on Thursday indicated additional provisional measures, including "unhindered provision" of aid to Gaza, in the ongoing genocide case against Israel upon South Africa's request.
"The catastrophic living conditions of the Palestinians in the Gaza Strip have deteriorated further," said the ICJ order, referring to the change in the situation since its interim ruling on Jan. 26.
Israel began its onslaught on the Gaza Strip after the Oct. 7, 2023 cross-border offensive by Palestinian group Hamas, in which about 1,200 people were killed.
Since then, Israel has killed more than 32,000 Palestinians in its relentless air and ground attacks on the enclave, besides causing mass destruction, displacement and shortage of basic necessities. Palestinians face famine almost six months into the devastating campaign.
South Africa filed a case at the ICJ in late 2023, accusing Israel of failing to uphold its commitments under the 1948 Genocide Convention.
It had asked the court to rule on interim measures, including that Israel immediately cease its military operations in Gaza, take reasonable measures to prevent the genocide of Palestinians, and ensure that displaced people return to their homes and have access to humanitarian assistance.
South Africa on March 6 requested additional provisional measures based on the change in the situation.
The ICJ said it indicated new measures since the provisional measures indicated in the earlier order "do not fully address the consequences arising from the changes in the situation."
- 'Catastrophic living conditions'
Since Jan. 26, “the 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 subjected,” the court said.
"Palestinians 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 in," it added.
The UN court reaffirmed the earlier measures, and called on Israel to "take all necessary and effective measures" to ensure "unhindered provision" of "urgently needed basic services and humanitarian assistance, including food, water, electricity, fuel, shelter, clothing, hygiene and sanitation requirements, as well as medical supplies and medical care to Palestinians throughout Gaza including by increasing the capacity and number of land crossing points and maintaining them open for as long as necessary.”
It also ordered Israel to 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.”
The court asked Israel to submit a report on measures taken on the latest order within one month.
- South Africa welcomes ICJ order
South Africa welcomed the court decision, with its presidency saying: "In doing so, the Court agreed with South Africa’s assertion that the situation in Gaza had deteriorated significantly since the Court’s Order of 26 January 2024 as a result of Israel’s failure to comply with that Order."
Underlining that the impact of the ICJ's order is "significant," a presidency statement said that the changing circumstances in the besieged enclave warrant the implementation of new strategies.
"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," it added.
Mentioning that responsibilities to prevent genocide can only be fulfilled by halting military operations and adhering to the court’s directives, the statement highlighted that if there is non-compliance, the global community "must ensure" adherence when it comes to the sanctity of humanity.
The ICJ’s provisional measures announced in January called on Israel to take all measures to prevent genocide in the Gaza Strip, enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians, and prevent the destruction and ensure the preservation of evidence related to allegations of acts of genocide.
Seventeen judges sat on the panel, which dismissed Tel Aviv's request to dismiss the case.
Public hearings in the case were held on Jan. 11 and 12.