South Africa has told the International Court of Justice (ICJ) that Israel is using starvation as a weapon against Palestinians in the occupied territories, breaching its international obligations.
"International law prohibits Israel from the use of starvation as a method of warfare, including under siege or blockade. Israel may not collectively punish the protected Palestinian population, which it holds under unlawful occupation," South Africa’s representative Jaymion Hendricks said on day two of public hearings in The Hague on Tuesday.
Hendricks said Israel has "deployed the full range of techniques of hunger and starvation, perfecting the degree of control suffering and death that it can cause through food systems, leading to this moment of genocide. Despite the horrific attempts by Israeli officials to characterise them otherwise, Palestinians are human beings."
He emphasised that Israel "must therefore cooperate in good faith with the United Nations and render it every assistance" and that it "must comply with its obligations as an occupying power to ensure food and medical supplies and facilitate the unhindered provision of humanitarian goods, essential services and development assistance by the UN, third states and other international organisations."
Hendricks also stressed that Israel must "fully cease hostilities" and "immediately reverse its decision to expel UNRWA and other UN bodies from carrying out their mandated activities."
On the UN’s role, Hendricks said it "must demand and negotiate for the removal of barriers imposed by Israel" and "must continue to render humanitarian assistance to the Palestinian people" despite Israeli restrictions.
He further said third states "have an obligation not to recognise Israel's internationally wrongful acts, including its banning of UNRWA (UN agency for Palestinian refugees), and to collaborate to bring such acts to an end," urging them to refrain from providing arms to Israel.
Earlier, Zane Dangor, the head of South Africa's Department of International Relations and Cooperation, told the court: "The humanitarian aid system is facing total collapse. This collapse is by design."
Nokukhanya Jele, another South African representative, stressed that "Israel may not impose any measures specifically prohibited by international humanitarian law, such as mass forced displacements, the destruction of property, the transferring in of colonial settlers, targeting schools, and even targeting the school curriculum to erase the history of the Palestinian people."
Algeria
Algerian representative Samia Bourouba urged the ICJ to "declare that Israel is in breach of its legal obligations as a member of the UN about the organisation and as an occupying power." Bourouba decried the lack of a response against Israeli actions.
"In view of the violations committed by Israel, we are witnessing a lack of effective reaction from the international community," she said.
Maya Sahli Fadel, also representing Algeria, stressed that humanitarian aid should never be used as "a political bargaining chip or a weapon of war".
"Saving lives must never be a controversial issue," she said."The principles of international law that have been developed over the centuries that aim at protecting civilians should not be swept aside, and impunity should not persist."
Saudi Arabia
Saudi Arabia told the ICJ that Israel has disregarded the court’s legally binding provisional orders and worsened the humanitarian crisis in Gaza.
"The court's ruling marked a clear path for Israel to follow and finally brought itself into international legality," said Mohammed Saud Alnasser, the Saudi representative at the hearings, referring to a March 2024 ruling ordering Israel to allow the "unhindered provision" of aid to Gaza.
"Sadly, but predictably, Israel chose to ignore the court's ruling, showing that it considered itself above the law."
Alnasser said Israel "ignored those orders, as it has similar calls made by other UN bodies, international organisations and concerned states” and instead “has exacerbated the humanitarian crisis and turned Gaza into an unliveable pile of rubble, while killing thousands of innocent and vulnerable people."
Citing Israel's responsibilities towards UN premises in Gaza, he said, "Israel’s failure to guarantee the inviolability of UN premises can never be justified on grounds of military expediency or national security."
Alnasser added that Saudi Arabia “takes this opportunity to reaffirm its unconditional commitment to the establishment of an independent and sovereign Palestinian state with the 1967 borders with East Jerusalem as its capital. This unwavering position is non-negotiable and is not subject to compromises."
Belgium
Professor Vaios Koutroulis, speaking for Belgium, said that Gaza is once again faced with the risk of famine and malnutrition, warning that water access and sanitation remain "very limited and very unequal".
Koutroulis stressed that Israel’s humanitarian obligations "must be interpreted and applied in good faith" and that "it is prohibited to attack paramedics and humanitarian workers."
Israel's "military and security interests must be exercised in compliance with international law and not in spite of international law," he underlined.
Colombia
Colombia's representative, Mauricio Jaramillo Jassir, for his part, said Israel is breaching its duty by "impeding the provision of basic services and humanitarian aid to the Palestinian population."
He said Israel must refrain from "attacking, destroying, removing or rendering useless the goods and assets essential to civilian survival" and guarantee safe access for medical personnel and ambulances.
Jassir also criticised Israel's actions against UNRWA, saying that by hampering the work of international organisations, Israel is "condemning the population of Gaza to a worsening humanitarian crisis".
Bolivia
Bolivia told the ICJ that the humanitarian catastrophe unfolding in Gaza is a direct result of Israel's "colonial and genocidal actions" on top of the "unlawful occupation", which is recognised by the top UN court.
"Today, that unlawful situation (occupation) is compounded by a humanitarian catastrophe, particularly in Gaza, marked by devastating loss of life, widespread destruction and the systematic obstruction of essential life-saving aid, which is desperately required as a direct consequence of Israel's colonial and genocidal actions," said Bolivia's representative Roberto Calzadilla Sarmiento during public hearings in The Hague.
He said Israel "continues to impose severe and deliberate impediments to the delivery of essential aid and the vital work of the UN", deepening the suffering of the Palestinian population.
Calzadilla called on the court to issue an advisory opinion to provide "valuable legal clarification to UN organs assisting them in relation to the discharge of their functions concerning the long-standing question of Palestine and the current humanitarian crisis".
Brazil
Brazil's representative Marcelo Viegas, during public hearings in The Hague, said that an advisory opinion on Israel’s conduct in the occupied Palestinian territory is urgently needed as the humanitarian situation in Gaza continues to deteriorate.
"In this troubling context, the present advisory opinion is sorely and urgently needed," said Viegas, referring to the Israeli blockade of food, medicine and other essential supplies from entering the territory.
He condemned obstacles to humanitarian aid, saying, "Physical barriers to humanitarian assistance, such as border closures, travel restrictions and denial of re-entry, are also unacceptable."
Brazil hopes, according to the representative, the court will affirm that the Palestinian people have an inalienable right to self-determination and an independent sovereign state, that Israel as the occupying power must comply with international humanitarian law, and that, as a UN member, Israel must fulfil its obligations under the UN Charter in good faith.
Chile
Claudio Troncoso Repetto, speaking on behalf of Chile at the hearings in The Hague, said that the question before the court is "urgent and vital" to reinforcing the rule of international law and the legitimacy of international institutions.
"The question submitted to the court is urgent and comes at a time when international law and the relevance of international organisations are as important as they have ever been," said Troncoso.
"In Chile's view, an opinion of the court on this matter is pivotal to affirming and upholding the rule of international law and reinforcing the legitimacy of international norms."
Valeria Chiappini, also representing Chile, emphasised that member states must respect the UN's independence.
"Chile recalls that member states are not allowed to take unilateral action against the privileges and immunities of the organisation (UN), its bodies, agencies, and staff," she said.
Spain
Spain, for its part, told the top UN court that preventing the presence and activities of UN agencies and international organisations in the Occupied Palestinian Territory violates international law and the right to self-determination.
The country’s representative, Maria Femenia, said Israel, as an occupying power and UN member, must "respect the independence and autonomy of the United Nations and assist it in carrying out its activities."
She stressed that Israel must "cooperate in good faith" with UN bodies, including UNRWA, and cannot unilaterally revoke agreements governing their operations.
Spain said recent Israeli measures that prevent UNRWA’s work are incompatible with its legal obligations under the UN Charter and international humanitarian law.
Femenia further emphasised that Israel’s duties include ensuring the basic needs of the civilian population and facilitating humanitarian aid, as required under the Fourth Geneva Convention.
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Source: TRT