Overview of the courtroom at the International Court of Justice (ICJ) in The Hague, Netherlands on 22 April, 2024. [Image: Selman Aksünger/Anadolu Agency]
THE HAGUE – Hearings continued this week at the International Court of Justice (ICJ) in The Hague, focusing on Israel’s legal obligations as an occupying power in Palestinian territories. Representatives from South Africa and Saudi Arabia presented arguments on Tuesday, accusing Israel of breaching international law through its actions in Gaza, the West Bank, and East Jerusalem. These hearings stem from a United Nations General Assembly request for an advisory opinion on the matter.
South Africa’s delegation argued that Israel is deliberately using starvation as a method of warfare in Gaza by obstructing humanitarian aid. Zane Dangor, Director-General of South Africa’s Department of International Relations and Cooperation (DIRCO), told the court, “Under the world’s watchful eye, Palestinians across the Palestinian territory are being subjected to atrocity crimes, persecution, apartheid and genocide.”
He cited warnings from aid groups about an impending famine due to the blockade, stating, “This collapse is by design.”
Presidential legal advisor Nokukhanya Jele added that Israel has “blatantly ignored” previous binding provisional measures ordered by the ICJ, including those demanding the facilitation of aid into Gaza. South Africa further contended that Israel’s legislative moves to ban UNRWA from operating are weakening Palestinian resilience and are linked to denying Palestinians their right of return, actions which SA connects to its separate, ongoing genocide case against Israel at the court.
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Key Arguments Presented
Saudi Arabia echoed strong condemnations, with Mohamed Saud Alnasser from the kingdom’s Foreign Ministry stating that Israel appears to consider itself “above all laws”. He referenced Israel’s alleged non-compliance with previous court rulings and highlighted the “flagrant violations of international law” in the occupied territories. Alnasser specifically pointed to the “hideous conduct” in Gaza and the severe impact of the siege imposed since October 2023, calling the prevention of relief supplies a violation of international conventions.
The current proceedings seek an advisory opinion, distinct from South Africa’s genocide case, focusing on the legal consequences arising from Israel’s policies and practices in the Occupied Palestinian Territory, including East Jerusalem. The UN’s legal counsel, Elinor Hammarskjöld, noted on Monday that effectively no humanitarian aid had entered Gaza since March and that Israeli laws targeting UNRWA are inconsistent with Israel’s obligations.
Israel, which did not send a delegation to these specific hearings, has previously denied violating international law and has justified actions against UNRWA by alleging infiltration by Hamas.
The hearing involve submissions from over 40 countries and international organisations and are scheduled to continue, providing the court with diverse perspectives to formulate its advisory opinion for the UN General Assembly.
