UPDATE 2 - Israel uses starvation as 'method of warfare' against Palestinians, South Africa tells ICJ

UPDATES WITH STATEMENTS TO ICJ OF MORE COUNTRIES

By Beyza Binnur Donmez

GENEVA (AA) - South Africa on Tuesday told the International Court of Justice (ICJ) that Israel is using starvation as a weapon against Palestinians in the occupied territories, breaching its international obligations.

"International law prohibits Israel from the use of starvation as a method of warfare, including under siege or blockade, Israel may not collectively punish the protected Palestinian population, which it holds under unlawful occupation," South Africa’s representative Jaymion Hendricks said on day two of public hearings in The Hague.

Hendricks said Israel has "deployed the full range of techniques of hunger and starvation, perfecting the degree of control suffering and death that it can cause through food systems, leading to this moment of genocide. Despite the horrific attempts by Israeli officials to characterize them otherwise, Palestinians are human beings."

He emphasized that Israel "must therefore cooperate in good faith with the United Nations and render it every assistance," and that it "must comply with its obligations as an occupying power to ensure food and medical suppliers and facilitate the unhindered provision of humanitarian goods, essential services and development assistance by the UN, third states and other international organizations."

Hendricks also stressed that Israel must "fully seize hostilities" and "immediately reverse its decision to expel UNRWA and other UN bodies from carrying out their mandated activities."

On the UN’s role, Hendricks said it "must demand and negotiate for the removal of barriers imposed by Israel" and "must continue to render humanitarian assistance to the Palestinian people" despite Israeli restrictions.

He further said third states "have an obligation not to recognize Israel's internationally wrongful acts, including its banning of UNRWA (UN agency for Palestinian refugees) ... and to collaborate to bring such acts to an end," urging them to refrain from providing arms to Israel.

Earlier, Zane Dangor, the head of South Africa's Department of International Relations and Cooperation, told the court: "The humanitarian aid system is facing total collapse. This collapse is by design."

Nokukhanya Jele, another South African representative, stressed that "Israel may not impose any measures specifically prohibited by international humanitarian law, such as mass forced displacements, the destruction of property, transferring in of colonial settlers, targeting schools and even targeting the school curriculum to erase the history of the Palestinian people."

- 'Israel in breach of obligations'

Algerian representative Samia Bourouba urged the ICJ to "declare that Israel is in breach of its legal obligations as a member of the UN with regard to the organization and as an occupying power."

Bourouba decried the lack of a response against Israeli actions.

"In view of the violations committed by Israel, we are witnessing a lack of effective reaction from the international community," she said.

Maya Sahli Fadel, also representing Algeria, stressed that humanitarian aid should never be used as "a political bargaining chip or a weapon of war."

"Saving lives must never be a controversial issue," she said. "The principles of international law that have been developed over the centuries that aim at protecting civilians should not be swept aside, and impunity should not persist."

- Saudi Arabia: Israel ignored provisional orders, intensified Gaza crisis

Saudi Arabia told the ICJ that Israel has disregarded the court’s legally binding provisional orders and worsened the humanitarian crisis in Gaza.

"The court's ruling marked a clear path for Israel to follow and finally bringing itself into international legality," said Mohammed Saud Alnasser, the Saudi representative at the hearings, referring to a March 2024 ruling ordering Israel to allow the "unhindered provision" of aid to Gaza.

"Sadly, but predictably, Israel chose to ignore the court's ruling, showing that it considered itself above the law."

Alnasser said Israel "ignored those orders, as it has similar calls made by other UN bodies, international organizations and concerned states,” and instead “has exacerbated the humanitarian crisis and turned the Gaza Strip into an unlivable pile of rubble, while killing thousands of innocent and vulnerable people."

Citing Israel's responsibilities towards UN premises in Gaza, he said: "Israel’s failure to guarantee the inviolability of UN premises can never be justified on grounds of military expediency or national security."

Alnasser added that Saudi Arabia “takes this opportunity to reaffirm its unconditional commitment to the establishment of an independent and sovereign Palestinian state with the 1967 borders with East Jerusalem as its Capital. This unwavering position is non-negotiable and is not subject to compromises."

Professor Vaios Koutroulis, speaking for Belgium, said that Gaza is once again faced with the risk of famine and malnutrition, warning that water access and sanitation remain "very limited and very unequal."

Koutroulis stressed that Israel’s humanitarian obligations "must be interpreted and applied in good faith," and that "it is prohibited to attack paramedics and humanitarian workers."

Israel's "military and security interests must be exercised in compliance with international law and not in spite of international law," he underlined.

Colombia's representative, Mauricio Jaramillo Jassir, for his part, said Israel is breaching its duty by "impeding the provision of basic services and humanitarian aid to the Palestinian population."

He said Israel must refrain from "attacking, destroying, removing or rendering useless the goods and assets essential to civilian survival" and guarantee safe access for medical personnel and ambulances.

Jassir also criticized Israel's actions against UNRWA, saying that by hampering the work of international organizations, Israel is "condemning the population of Gaza to a worsening humanitarian crisis."

The Israeli army renewed its assault on Gaza on March 18, shattering a Jan. 19 ceasefire and prisoner exchange agreement.

Over 52,300 Palestinians, most of them women and children, have been killed in Gaza in a brutal Israeli onslaught since October 2023.