The top United Nations court on Thursday ordered Israel to take measures to improve the humanitarian situation in Gaza, including opening more land crossings to allow food, water, fuel and other supplies into the war-ravaged enclave, according to AP News.
The International Court of Justice issued two new so-called 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 trying to “undermine Israel’s inherent right and obligation to defend its citizens.”
Thursday’s order came after South Africa sought more provisional measures, including a cease-fire, citing starvation in Gaza. Israel, which had urged the court not to issue new orders, said it places no limits on aid entering Gaza and vowed to “promote new initiatives” to bring in even more assistance.
In its legally binding order, the court told Israel to take measures “without delay” to ensure “the unhindered provision” of basic services and humanitarian assistance, including food, water, fuel and medical supplies.
It also ordered Israel to immediately ensure that its military does not take action that could that could harm Palestinians’ rights under the Genocide Convention, including by preventing the delivery of humanitarian assistance.
The court told Israel to report back in a month on its implementation of the orders.
Israel declared war in response to a bloody cross-border attack by Hamas on October 7 in which 1,200 people were killed and 250 others were taken hostage. Israel responded with a campaign of airstrikes and a ground offensive that have left over 32,000 Palestinians dead, according to local health authorities.
The Health Ministry in Hamas-run Gaza does not differentiate between civilians and combatants, but say roughly two-thirds of the dead are women, children and teens. Israel says over one-third of the dead are militants, though it has not provided evidence to support the claim, and it blames Hamas for civilian casualties because the group operates in residential areas.
The fighting has displaced over 80% of Gaza’s population, caused widespread damage and has sparked a humanitarian crisis. The U.N. and international aid agencies say virtually the entire Gaza population is struggling to get enough food, with hundreds of thousands of people on the brink of famine, especially in hard-hit northern Gaza.
South Africa welcomed Thursday’s decision, calling it “significant.”
“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,” the South African president said in a statement.
Hamas, an Islamic militant group sworn to Israel’s destruction, said the ruling must be enforced by the international community.
“It must be implemented immediately, so that this decision does not remain a dead letter,” it said.
The Palestinian Foreign Ministry thanked South Africa, calling the case “a vital step in the global effort to hold Israel accountable for perpetrating genocide.”
The UN and international aid groups say deliveries have been impeded by Israeli military restrictions, ongoing hostilities and the breakdown 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 to win the release of remaining hostages. Israel says Hamas continues to hold some 100 hostages and the remains of 30 others either killed on October 7 or who died in captivity.
Israel has been working with international partners on a plan to soon begin deliveries of aid by sea.
The court said in its order that “Palestinians in Gaza are no longer facing only a risk of famine … but that famine is setting in.” 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.