Last Thursday, the International Court of Justice (ICJ) issued an order for additional emergency provisional measures that Israel must comply with in South Africa’s genocide case against it. This followed South Africa’s request for extra measures in response to the increasingly severe humanitarian crisis in Gaza, a plea which Israel subsequently asked the court to reject.
In a unanimous decision, the ICJ ordered Israel to “take all necessary and effective measures” in ensuring free access of humanitarian aid into Gaza. The court stressed this be carried out “without delay” in conjunction with the UN, with specifics such as opening more land crossings into the region. Additionally, the ICJ ordered Israel’s military not to violate the Genocide Convention, such as actions that could impede the distribution of aid.
The ICJ had initially imposed provisional measures that involved enabling humanitarian assistance into Gaza and preventing a potential genocide of Palestinians among others. However, the “catastrophic living conditions” in Gaza have since deteriorated, a situation which the recent order declares as “famine setting in,” thereby making the original provisional measures inadequate. As such, the additional measures were required and issued, on top of re-affirming the initial measures from January 26 rulings.
Following the release of the order, Palestine welcomed the additional measures and released a statement expressing its intent to intervene in South Africa’s case against Israel. South Africa’s Department of International Relations and Cooperation described the order as “significant” and highlighted that “The most effective way to uphold this right is through prevention. The Court’s actions include specific responsibilities to prevent genocide.”
Israel’s Prime Minister, Benjamin Netanyahu, and its Ministry of Foreign Affairs had not yet commented on the order at the time of publication. However, the US Department of State remarked, “We cannot, we must not allow this to continue,” recognizing the extensive levels of acute food insecurity experienced by the citizens of Gaza and emphasizing the need for sustained humanitarian assistance to be a priority.
International groups like Oxfam have previously accused Israel of intentionally obstructing aid going to Gaza. The UN head of humanitarian affairs condemned an Israeli decision to prevent UN aid convoys from accessing northern Gaza, stating that it only pushes the region closer to famine. Israel rejects the allegations that it is deliberately blocking aid.
In the approximately six months since Hamas launched its attacks on October 7, Gaza has been in ruins. Reports from BBC and the Guardian indicate that at least half the buildings, including entire neighborhoods, have been damaged or destroyed, with strikes hitting locations including medical facilities and refugee camps. Human rights groups have accused Israel of war crimes.
Finally, the UN Security Council recently passed a resolution calling for an immediate ceasefire, unconditional release of hostages, and a significant surge in humanitarian aid.