Starving: A child holds an empty plate as Palestinian children hold a representational funeral for their 10-year-old peer Yezen Al-Kfarna, who died in Gaza of malnutrition. Photo: Abed Zagout/Getty Images
The South African government has asked the International Court of Justice to make an order of provisional measures against Israel to prevent full-scale famine in Gaza.
It asked the court to order the immediate cessation of all hostilities and the release of all hostages, plus the provision of humanitarian aid “to prevent famine and starvation”.
“The people of Gaza cannot wait,” the government said in a communiqué.
This marks the second time in less than a month that South Africa has pleaded with the court in The Hague for additional provisional measures to be added to those ordered by the court on 26 January.
In that ruling, the court ordered Israel to take all measures within its power to prevent the commission of all acts prohibited by the UN’s Genocide Convention.
It also ordered that “Israel must take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip”.
In papers filed on Wednesday, South Africa said it was compelled to return to the court because time was running out for Palestinians, who risked dying of hunger.
“The situation is urgent,” it said.
“South Africa has no choice but to approach the court for the strengthening of the provisional measures in place to try to prevent full-scale famine, starvation and disease in the Gaza Strip, which experts predict may result in more than 85 000 deaths in the next six months, if nothing is done.”
It is asking the court to order Israel to suspend military operations in Gaza, lift its blockade of the enclave and rescind all other measures that obstruct, directly or indirectly, access to humanitarian assistance.
It further asks that it direct the “provision of adequate and sufficient food, water, fuel, shelter, clothing, hygiene and sanitation requirements” to the residents of Gaza.
The government said, in its January ruling, the ICJ recognised that “many Palestinians in the Gaza Strip have no access to the most basic foodstuffs, potable water, electricity, essential medicines or heating”.
That finding, it added, took note of warnings by the UN that the majority of residents of Gaza were facing crisis levels of hunger and said, six weeks later, their plight had become catastrophic.
“The situation then ‘perilous’ is now so terrifying as to be unspeakable, as described by United Nations humanitarian chiefs, justifying — and indeed demanding — the indication of further provisional measures of protection pursuant to article 75 of the rules and modifications of the court’s prior provisional measures decisions pursuant to article 76,” it said.
“Palestinian children are starving to death as a direct result of the deliberate acts and omissions of Israel — in violation of the Genocide Convention and of the court’s order.”
This included, South Africa added, deliberate attempts to cripple the UN Relief and Works Agency for Palestine Refugees on whose help the vast majority of Palestinians in Gaza depended for survival.
It accused Israel of an escalating pattern of attacks on starving Palestinians seeking to access food, noting that in the past week there were 15 recorded instances of children dying of starvation.
“Israel is now massacring desperate, starving Palestinians seeking to obtain food for their slowly dying children.”
The government also accused Israel of showing contempt for the court and the order it had handed down in January, both through its action and the statements of leaders, including Prime Minister Benjamin Netanyahu.
“Having regard to the clear and deliberate acts, omissions and statements by Israel, South Africa submits that it is necessary to do more than to reiterate that the State of Israel remains bound to fully comply with its obligations under the Genocide Convention and with the order.”
It asked that the application be determined without a hearing.
On 17 February, the court declined a request by South Africa to order further provisional measures in response to Israel’s military onslaught on Gaza and, in particular, its assault on the southern city of Rafah.
The court agreed that the developments would exponentially increase what was already “a humanitarian nightmare” but said it demanded the implementation of the provisional measures ordered in January, rather than the imposition of new measures.
“This perilous situation demands immediate and effective implementation of the provisional measures indicated by the court in its order of 26 January 2024, which are applicable throughout the Gaza Strip, including in Rafah, and does not demand the indication of additional provisional measures.”
It stressed that Israel remained bound by the initial order “including ensuring the safety and security of the Palestinians in the Gaza Strip”.