South Africa called for Israel to follow the provisional measures issued to it by the International Court of Justice and to reverse its decision to ban the United Nations Relief and Works Agency.
“The world has failed the Palestinian people. The only certainty they have is that tomorrow is going to be worse,” said the South African representative.
South Africa is one of 40 countries delivering remarks before the ICJ this week after the court was tasked in December with forming an advisory opinion on Israel’s obligations to facilitate aid to Palestinians, delivered by states and international groups, including the United Nations.
Advisory opinions of the ICJ carry legal and political weight, although they are not binding, and the court has no enforcement powers. After the hearings, the World Court will likely take several months to form its opinion.
The hearings this week will focus chiefly on the issue of starvation and aid and discuss whether Israel – a signatory to the UN Charter – acted against its commitments by banning UNRWA in November. South Africa said this led to a lack of food and services, as did Israel’s March ban of aid, which piled international pressure on the case.
Israel has said it would not allow the entry of goods and supplies into Gaza until Hamas releases all 59 remaining hostages and that the food and aid that came into the enclave this year is enough to last for about another month.
Palestinian representatives testifying before the court on Monday emphasized the dire and critical conditions in Gaza, which include a lack of food and medicine, worsened through UNRWA’s ban and the halting of aid.
Israel has said that during the ceasefire this year between January 19 and March 18, 600 trucks of aid passed daily into the Gaza Strip, providing Gazans with enough food to last an estimated three to six months.
The United States will deliver remarks on Wednesday, along with Jordan and Iran, while Qatar, a mediator in the hostage and ceasefire negotiations alongside Egypt, will deliver remarks on Thursday.
South Africa filed the larger genocide case against Israel for alleged violations of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide in December 2023. Hearings took place in January 2024.
The country argued that Israel committed genocide by failing to stop or prosecute public incitement against the sentiment and through its military and aid policy in Gaza.
ICJ issued a provisional order
After two weeks of debates, in January 2024, the ICJ issued a provisional order that Israel must refrain from acts that could possibly lead to genocide but fell short of demanding that it stop the war.
The court was critical of Israel’s actions in Gaza but made do with calling on Jerusalem to prevent any future possible genocidal acts and to ensure the immediate entry of aid.
It also called on Israel to punish those who express incitement against Palestinians. This decision was approved by a large majority of the ICJ panel, 15 to two.
Israel has denied these claims, insisting that it sticks to international law and is not using starvation as a method of warfare to enable genocide against the Palestinian people but rather is fighting Hamas, a terrorist organization deeply embedded in civilian infrastructure in the Gaza Strip.
Reuters, Rina Bassist and Tovah Lazaroff contributed to this report.