THE HAGUE, Netherlands (CN) — In a second set of emergency measures, judges at the International Court of Justice ordered Israel to cooperate with the United Nations in providing food, water and medical care to the 2.3 million people living in the Gaza Strip in light of the “catastrophic situation.”
In a decision issued late in the afternoon, the 16-judge panel unanimously ordered Israel to take "all necessary and effective measures to ensure, without delay, in full co-operation with the United Nations, the unhindered provision at scale by all concerned of urgently needed basic services and humanitarian assistance” to Palestinians living in Gaza.
South Africa launched the proceedings in December at the Hague-based court, accusing Israel of violating the 1948 Genocide Convention. Pretoria requested so-called provisional measures, asking the court to order Israel to cease military operations.
The second formal request from South Africa said food shortages had reached “unspeakable” levels and accused Israel of deliberately starving Gazans.
Any party to the post-WWII genocide treaty can initiate a case at the UN's high court against another signatory under the convention. The West African country of Gambia launched a complaint against Myanmar in 2020 claiming the government was committing genocide against the Rohingya.
Following emergency hearings in January, the court concluded there was a risk of genocide in Gaza. Judges ordered a first series of emergency orders, telling Israel to do all it can to prevent civilian deaths.
Israel called the allegations of genocide “meritless” and accused South Africa of working with Hamas, the militant group that killed more than 1,000 people and kidnapped 200 others when fighters launched a cross-border attack last year.
More than 32,000 Palestinians have been killed and a further 75,000 wounded in Israel’s military response to the attack.
While the order is legally binding, the court has no enforcement mechanism. In March 2022, the court ordered Russia to stop its invasion of Ukraine as part of a request for provisional measures in the case.
The conflict has spurred other legal proceedings. Last month, a Dutch appeals court ordered the Netherlands to cease sending spare F-35 parts to Israel on Monday, citing the risk of violations of international humanitarian law.
Nicaragua has launched separate proceedings at the court against Germany, accusing Berlin of violating the Genocide Convention by supplying weapons to Israel. Hearings in that case start in April.
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