Israel accused of starving Gaza ‘by design’ — South Africa addresses ICJ

South Africa has told the International Court of Justice (ICJ) that Israel is deliberately depriving the people of Gaza of humanitarian aid and condemning an entire civilian population to starvation.

The remarks were delivered by the country’s director general for international relations, Zane Dangor, on Tuesday.

Presentations

South Africa is one of 40 countries delivering remarks before the ICJ this week to gauge Israel’s responsibility for the humanitarian crisis engulfing Gaza during its war against Hamas.

Israel has not sent a delegation to the hearings, which began on Monday when the United Nations’ (UN) legal counsel, Elinor Hammarskjöld, told the court it was a cold fact that no humanitarian aid has entered Gaza since March.

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‘Israeli impunity’

Dangor said the scale of the harms inflicted on Palestinians by Israel was laid out in detail during the hearings.

“We wish to emphasise the impunity with which Israel is inflicting these harms. Israel continues to act with impunity, as it does enjoy some form of exceptionalism from accountability to international law and norms.

“Conversely, any person or entity which seeks to hold Israel to account for its inhumane and unlawful actions is subjected to counter-measures and censure, from which the United Nations and this Court have not been spared,” Dangor said.

International community

Dangor said the international community should not accept a reality in which an entire civilian population is deliberately starved by Israel, where the United Nations is evicted and deprived of its immunities and privileges, where third states and humanitarian organisations are prevented from rendering humanitarian assistance in solidarity and fulfilment of their obligations.

“Palestinian NGOs and major aid groups have warned that Gaza is entering into famine and that “the humanitarian aid system is facing total collapse.

“This collapse is by design. Israel’s Defence Minister, Israel Katz, said on 16 April 2025, “Israel’s policy is clear – no humanitarian aid is about to enter Gaza. . . There are no preparations to enable such aid,” Dangor said.

NGO’s

Dangor added that Palestinian non-governmental organisations (NGOs) and major aid groups have warned that Gaza is entering into famine and that “the humanitarian aid system is facing total collapse”.

“Under the world’s watchful eye, Palestinians across the Occupied Palestinian Territory are being subjected to atrocity crimes, persecution, apartheid and genocide. While we watch, the gaze of Palestinians is directed squarely at the international community, and this Court, whose advice is urgently being sought, for the protection of their most fundamental rights, including the right to life,” Dangor said.

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Humanitarian law

President Cyril Ramaphosa’s special advisor on legal and international affairs, Nokukhanya Jele, argued that Israel may not impose any measures specifically prohibited by international law. Humanitarian law, such as mass forced displacements, property destruction, transfer of colonial settlers, targeting schools, and even targeting the curriculum to erase the history of the Palestinian people.

“Israel cannot subject the population to collective punishment, while indiscriminately bombing civilians and civilian objects on a large scale — acts which manifestly constitute violations of its obligations as an occupying power.”

Legal obligations

Jele said the court’s orders on 26 January, 28 March and 24 May 2024 constitute additional legal obligations for Israel to allow and facilitate the unimpeded passage of humanitarian aid to the Gaza Strip, “in full cooperation with the United Nations”.

“However, Israel has blatantly ignored these binding obligations.20 Instead, one and a half months after its legislation banning UNRWA went into effect, it has redoubled its denial of aid by imposing a nearly eight-week-long blockade on Gaza.”

SA ICJ case

In its initial application, South Africa submitted an 84-page application at the ICJ on 29 December 2023, pleading with the court to find Israel guilty of suspected genocide and order it to, among other things, halt its invasion in Gaza.

Since launching the case at the ICJ, South Africa has approached the court four times, requesting interim measures to halt Israel’s attacks on the occupied territory.

Despite three orders being granted in South Africa’s favour, they have had little to no impact on all forms of Israel’s attacks on Palestinian life, essential services and the need for humanitarian aid.

‘Human beings’

State law advisor Jaymion Hendricks said, despite attempts by Israeli officials to characterise them otherwise, Palestinians are “human beings – they are flesh and blood”.

“Palestinian people are entitled to the same fundamental protections as we in this Great Hall of Justice. This includes the right not to be arbitrarily deprived of life – “the supreme right from which no derogation is permitted, even in situations of armed conflict.

“Furthermore, Israel is impeding the United Nations and third States from exercising their erga omnes obligations – and international solidarity – with respect to the exercise of the “fundamental human right[s]” of the Palestinian people, which this Court held to include the right to self-determination,” Hendricks said.

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‘World has failed’

Hendricks said South Africa shares the UN secretary-general’s view that the “world has failed” the Palestinian people.

 “The only certainty they have is that tomorrow will be worse. Therefore, we must save whatever is left of humanity by ending Israel’s unlawful occupation and its intentional starving of the Palestinian population, who are being systematically brutalised and deprived of elementary considerations of humanity. Palestinians look to the world, and this Court, for an end to their enduring loss, their pain and their suffering.”

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.

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.

Vital aid

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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