World Court Ordered Israel to Allow Aid Into Gaza But Failed to Order Ceasefire
On March 25, the UN Security Council adopted Resolution 2728, which “demands” an immediate ceasefire in Gaza. That same day, Francesca Albanese, the Special Rapporteur on the situation of human rights in the Palestinian territories, filed a 25-page report in the UN Human Rights Council, titled “Anatomy of a Genocide.” Albanese found “reasonable grounds” to believe that Israel is committing genocide in Gaza.
Three days later, on March 28, the International Court of Justice (ICJ, or World Court) ordered Israel to ensure the “unhindered provision” of humanitarian aid to enter Gaza, including by opening more land crossings, and to ensure that its military doesn’t commit genocidal acts, including by obstructing urgently needed humanitarian assistance.
Seven of the 16 judges on the ICJ would also have ordered an immediate ceasefire, which South Africa sought in its genocide case against Israel. But the votes fell short of the majority needed to order that provisional measure.
The ICJ’s order of provisional measures supplements the ones it ordered on January 26, which required Israel to (1) prevent all genocidal acts against Gazans, (2) ensure that its military doesn’t commit genocidal acts, (3) punish incitement of genocide, and (4) immediately enable basic services and humanitarian aid. In its new order, the ICJ quoted South Africa’s rationale for its March 6 request to the court for additional measures, which was prompted by the:
horrific deaths from starvation of Palestinian children, including babies, brought about by Israel’s deliberate acts and omissions . . . including Israel’s concerted attempts since 26 January 2024 to ensure the defunding of [the United Nations Relief and Works Agency (UNRWA)] and Israel’s attacks on starving Palestinians seeking to access what extremely limited humanitarian assistance Israel permits into Northern Gaza, in particular.
The court also cited the further deterioration of catastrophic living conditions, particularly “the prolonged and widespread deprivation of food and other basic necessities to which the Palestinians in the Gaza Strip have been subjected.”
In addition, the court noted the March 18 report of the Integrated Food Security Phase Classification Global Initiative, which found that since December 2023, “the conditions necessary to prevent Famine have not been met” and “Famine is imminent.” The court also quoted the March 15 report of the United Nations Children’s Fund that found 31 percent of children under 2 years old........
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