The International Court of Justice (ICJ), the highest court of the United Nations, has unanimously ruled that Israel must immediately facilitate the unrestricted delivery of aid into Gaza to prevent an impending famine.
This ruling comes in the wake of warnings that Gaza could be hit by famine in a matter of weeks. Israel has categorically denied allegations of obstructing aid, terming them as “completely baseless”.
In response to the court’s directive, the Israeli foreign ministry stated that it is persistently working on new initiatives and expanding existing ones to ensure a steady flow of aid into Gaza via land, air, and sea, in collaboration with the UN and other organizations. It held Hamas responsible for the current situation in Gaza and initiating the conflict.
The recent judgment by the ICJ, based in The Hague, was strengthened following a request from South Africa to reinforce an order issued to Israel in January to take all necessary steps to prevent acts of genocide in Gaza.
Despite the legal binding of the ICJ’s orders, the court does not possess the authority to enforce them. The UN Security Council is the only UN entity that can implement measures to ensure compliance.
The ICJ’s decision was influenced by a report published last week by the Integrated Food Security Phase Classification Global Initiative, a collaboration that includes the World Food Programme. The report warned of a “catastrophic” situation unfolding in Gaza, with all 2.2 million residents facing severe food insecurity and a potential famine in the northern region by the end of May.
The ICJ, in its ruling, stated that Gaza is not just at risk of famine, but is already experiencing it, with 31 individuals, including 27 children, reported to have died from malnutrition and dehydration according to UN observers.
The court highlighted remarks by Volker Türk, the UN’s high commissioner for human rights, who attributed the “situation of hunger, starvation, and famine” to Israel’s extensive restrictions on the entry and distribution of humanitarian aid and commercial goods, displacement of the majority of the population, and the destruction of vital civilian infrastructure.
The ICJ ordered Israel to “take all necessary and effective measures to ensure, without delay, in full co-operation with the United Nations, the unhindered provision at scale… of urgently needed basic services and humanitarian assistance”. The most critical aid includes food, water, electricity, fuel, shelter, clothing, hygiene products, and medical supplies.
In recent months, long lines of aid trucks have been seen waiting to enter Gaza from Egypt, with Israel being accused of subjecting the deliveries to complex and arbitrary checks. Israel has also claimed that Hamas takes a significant portion of the aid entering Gaza and criticized the UN for not distributing the remaining aid to the civilian population.
The ongoing conflict was triggered by an attack on 7 October, in which Hamas-led gunmen crossed the border into Israel, killing approximately 1,200 people and taking over 250 others hostage. About 130 of those taken hostage remain missing, with at least 34 presumed dead.
Gaza’s Hamas-run health ministry reports that Israel’s retaliatory campaign has resulted in at least 32,552 deaths. US Defense Secretary Lloyd Austin stated earlier this month that more than 25,000 of those killed were women and children.
