Last Thursday, the International Court of Justice (ICJ) granted South Africa’s request to issue additional provisional measures against Israel, in addition to those it issued on January 26, 2024, in the case concerning the application of the Genocide Convention.
The court noted that "the catastrophic living conditions of the Palestinians in the Gaza Strip have deteriorated further" and that "Palestinians in Gaza are no longer facing only a risk of famine, as noted in the Order of 26 January 2024, but that famine is setting in" leading to the death of several dozens, including 27 children. Thus, in the view of the Court, the changes in the situation justify the modification of these measures. In its decision, the Court relied in part on the words of the UN Secretary-General, on statements and reports by international bodies, such as the World Health Organization and OCHA, as well as on the UN Security Council’s resolution from last week, which ordered an immediate ceasefire in Gaza during the month of Ramadan.
The Court has once again rejected South Africa’s request to order an immediate ceasefire in Gaza. However, the Court has increased the humanitarian demands on Israel and ordered it to ensure, without delay, the immediate and unlimited entry of urgently needed basic services and humanitarian aid into Gaza, including electricity, fuel, and medical treatment. The warrant includes concrete implementation instructions, ordering Israel to cooperate with the UN and to open additional land crossings for the entry of aid and keep them open as needed. The Court has also ordered Israel to submit a report within one month regarding the measures it has implemented to carry out the warrant.
The ICJ's warrant joins last week’s resolution by the UN Security Council for a ceasefire, the advisory opinion formulated by the Court regarding the “legality of the Israeli occupation of Palestinian territories", and the ongoing investigation into Israel’s case at the International Criminal Court. All these are used as legal ammunition in the international campaign against Israel. Any violation by Israel of these warrants helps to present it as a country that systematically violates international law, commits war crimes, and even genocide.
The international campaign directly affects Israel’s military campaign. Its purpose is to bring about Israel’s political isolation, deny it aid from other countries, and limit its fighting capabilities and freedom of action. In order to act in Rafah against Hamas and to address the threats from Hezbollah and other proxies of Iran, Israel needs international legitimacy. There is, therefore, a direct connection between the humanitarian aid entering the Gaza Strip and the IDF’s freedom of action on the battlefield. It is strategically necessary for those who want to achieve the goals of the war, and this goes beyond the moral and legal aspects. That is why it is imperative that Israel respects the decisions given in its case. It should actively seek to alleviate the humanitarian crisis in the Gaza Strip. While doing so, it is recommended that Israel collaborate with international parties so that its efforts and actions are widely recognized and given due importance in global public opinion. Israel should focus on countering the international campaign and formulate an orderly and clear plan of action, without neglecting this crucial arena.
Last Thursday, the International Court of Justice (ICJ) granted South Africa’s request to issue additional provisional measures against Israel, in addition to those it issued on January 26, 2024, in the case concerning the application of the Genocide Convention.
The court noted that "the catastrophic living conditions of the Palestinians in the Gaza Strip have deteriorated further" and that "Palestinians in Gaza are no longer facing only a risk of famine, as noted in the Order of 26 January 2024, but that famine is setting in" leading to the death of several dozens, including 27 children. Thus, in the view of the Court, the changes in the situation justify the modification of these measures. In its decision, the Court relied in part on the words of the UN Secretary-General, on statements and reports by international bodies, such as the World Health Organization and OCHA, as well as on the UN Security Council’s resolution from last week, which ordered an immediate ceasefire in Gaza during the month of Ramadan.
The Court has once again rejected South Africa’s request to order an immediate ceasefire in Gaza. However, the Court has increased the humanitarian demands on Israel and ordered it to ensure, without delay, the immediate and unlimited entry of urgently needed basic services and humanitarian aid into Gaza, including electricity, fuel, and medical treatment. The warrant includes concrete implementation instructions, ordering Israel to cooperate with the UN and to open additional land crossings for the entry of aid and keep them open as needed. The Court has also ordered Israel to submit a report within one month regarding the measures it has implemented to carry out the warrant.
The ICJ's warrant joins last week’s resolution by the UN Security Council for a ceasefire, the advisory opinion formulated by the Court regarding the “legality of the Israeli occupation of Palestinian territories", and the ongoing investigation into Israel’s case at the International Criminal Court. All these are used as legal ammunition in the international campaign against Israel. Any violation by Israel of these warrants helps to present it as a country that systematically violates international law, commits war crimes, and even genocide.
The international campaign directly affects Israel’s military campaign. Its purpose is to bring about Israel’s political isolation, deny it aid from other countries, and limit its fighting capabilities and freedom of action. In order to act in Rafah against Hamas and to address the threats from Hezbollah and other proxies of Iran, Israel needs international legitimacy. There is, therefore, a direct connection between the humanitarian aid entering the Gaza Strip and the IDF’s freedom of action on the battlefield. It is strategically necessary for those who want to achieve the goals of the war, and this goes beyond the moral and legal aspects. That is why it is imperative that Israel respects the decisions given in its case. It should actively seek to alleviate the humanitarian crisis in the Gaza Strip. While doing so, it is recommended that Israel collaborate with international parties so that its efforts and actions are widely recognized and given due importance in global public opinion. Israel should focus on countering the international campaign and formulate an orderly and clear plan of action, without neglecting this crucial arena.