South Africa Welcomes International Court of Justice Advisory Opinion on Israeli Obligations

Strategic Insights -

The International Court of Justice (ICJ) has delivered a non-binding advisory opinion in The Hague, Netherlands, regarding Israel's obligations as a Member State of the United Nations (UN) and an occupying power in the Occupied Palestinian Territory. The ICJ's findings emphasize Israel's responsibility to facilitate the delivery of humanitarian aid to the Gaza Strip and respect the rights and needs of the people in the Occupied Palestinian Territory. South Africa has welcomed the ICJ's advisory opinion, which affirms Israel's existing obligations under binding international law.

Key Takeaways:

  • The ICJ's advisory opinion reaffirms Israel's existing obligations under binding international law to facilitate and respect the mandates of independent and impartial international and humanitarian organisations operating in the Occupied Palestinian Territory.
  • The court underscored that there is no legal ambiguity regarding Israel's obligations to respect and protect the privileges and immunities of the UN and its entities, including their premises and personnel.
  • The ICJ reminded Israel that it must not use starvation of the Palestinian civilian population as a method of warfare and emphasized Israel's responsibility as an occupying power to ensure that the population has essential supplies, including food, water, clothing, bedding, shelter, fuel, medical supplies, and services.
  • The court acknowledged the essential role of the UN, including the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), along with other humanitarian organisations and third-party nations, in delivering humanitarian assistance in Gaza.
  • The ICJ prohibited Israel from extending its domestic laws, such as the one banning UNRWA, to the Occupied Palestinian Territory, in line with international humanitarian law.
  • The court underscored the prohibition on the forcible transfer and deportation of Palestinians in the Occupied Palestinian Territory and the right of Palestinian detainees to be visited by the International Committee of the Red Cross.

Sources:

  • ICJ advisory opinion
  • SAnews.gov.za Article
  • United Nations Charter
  • International Committee of the Red Cross