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Israel strictly controls all inflows of international aid vital for the 2.4 million Palestinians in the Gaza Strip.
A girl gestures as Palestinian children line up to collect a meal at a free food distribution point in the Nuseirat refugee camp in the central Gaza Strip, on 3 April International charities working in Gaza warn that its 2.4 million people cannot endure more shortages after many of them were displaced multiple times during the devastating military campaign Israel launched in response to Hamas’s October 2023 attack. (Photo by Eyad BABA / AFP)
South Africa will be the first to present at the International Court of Justice (ICJ) hearings to gauge Israel’s responsibility for the humanitarian crisis engulfing Gaza during its war against Hamas.
The hearings, which began on Monday in The Hague, will run throughout the week.
This follows a request last year from the United Nations General Assembly asking the court to assess Israel’s responsibility to ensure the provision of essential supplies to Gaza.
Submissions
Another 37 countries will then address the 15-judge panel, including China, France, Russia and Saudi Arabia.
The UN’s General Assembly approved a resolution in December asking the ICJ for an advisory opinion on the matter “on a priority basis and with the utmost urgency”.
The resolution, spearheaded by Norway, was adopted by a large majority.
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Clarifications
The UN has asked judges to clarify Israel’s legal obligations towards the UN and its agencies, international organisations or third-party states to “ensure and facilitate the unhindered provision of urgently needed supplies essential to the survival of the Palestinian civilian population”.
Israel strictly controls all inflows of international aid vital for the 2.4 million Palestinians in the Gaza Strip.
It halted aid deliveries to Gaza on 2 March, days before the collapse of a ceasefire that had significantly reduced hostilities after 15 months of war.
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ICJ opinions
Although the ICJ’s advisory opinions are not legally binding, the court believes they “carry great legal weight and moral authority”.
In July last year, Minister of International Relations and Cooperation Ronald Lamola said the ICJ’s advisory opinion on Israel’s “unlawful occupation” of Palestine confirmed South Africa’s “long-standing position” that Israel’s occupation of Palestinian territory remains unlawful under international law.
Israel’s actions
The ICJ, in its 83-page advisory opinion, said that Israel’s actions in East Jerusalem and the West Bank amount to “annexation” and violate the prohibition on the acquisition of territory by force.
Reading the findings of a 15-judge panel, ICJ judge Nawaf Salam said Israel is violating International law with its settlements.
“It’s of the opinion that the state of Israel’s continued presence in the occupied territory is unlawful… Israeli settlements in the West Bank and East Jerusalem, and the regime associated with them, have been established and are being maintained in violation of international law.”
South Africa’s government welcomed the ICJ’s advisory opinion, with Lamola saying the international community must act to bring an immediate end to the occupation of Palestinian land by Israel.
ALSO READ: SA condemns Israel’s bombing of hospitals in Gaza
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