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Wednesday, May 13, 2026

ICJ orders Israel to take action to address famine in Gaza

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The International Court of Justice (ICJ) has made a decision regarding the ongoing case between South Africa and Israel concerning the application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip.

 

Following a request from South Africa and observations from Israel, the Court this week issued an order indicating additional provisional measures.

 

The Court noted the worsening living conditions faced by Palestinians in Gaza, including the spread of famine, since the previous order issued on January 26, 2024.

 

ALSO READ: ICJ ruling won’t change Israel’s behaviour: three reasons why

 

The Court reaffirmed the provisional measures from the previous order but also indicated new measures that Israel must adhere to.

 

These include ensuring the unhindered provision of urgently needed basic services and humanitarian assistance to Palestinians in Gaza, as well as preventing any acts by its military that violate the rights of Palestinians.

 

Israel is required to submit a report to the Court on the measures taken to comply with this order within one month.

 

The decision was made after careful consideration by the Court and aims to address the dire situation faced by Palestinians in Gaza. It underscores the importance of upholding international obligations and providing humanitarian assistance to those in need.

 

This decision marks a significant development in the ongoing legal proceedings between South Africa and Israel and highlights the role of the ICJ in resolving international disputes according to international law.

 

What the new Order requires Israel to do:

 

  • Take all necessary and effective measures to ensure, without delay, in full co-operation with the United Nations, the unhindered provision at scale by all concerned of urgently needed basic services and humanitarian assistance, including food, water, electricity, fuel, shelter, clothing, hygiene and sanitation requirements, as well as medical supplies and medical care to Palestinians throughout Gaza, including by increasing the capacity and number of land crossing points and maintaining them open for as long as necessary;
  • Ensure with immediate effect that its military does not commit acts which constitute a violation of any of the rights of the Palestinians in Gaza as a protected group under the Convention on the Prevention and Punishment of the Crime of Genocide, including by preventing, through any action, the delivery of urgently needed humanitarian assistance
  • Submit a report to the Court on all measures taken to give effect to this Order, within one month as from the date of this Order.

 

The ICJ’s order comes after the UN Security Council on Monday adopted a resolution demanding an immediate ceasefire in war-ravaged Gaza during Ramadan and calling for the immediate and unconditional release of all hostages.

 

On Tuesday, the UN’s  Special Rapporteur on the situation of human rights in the Occupied Palestinian Territories concluded there are “reasonable grounds” to believe that Israel is committing genocide against Palestinians in Gaza. Israel has labelled the report an “obscene inversion of reality.”

 

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