In its argument before the International Court of Justice at The Hague on Tuesday, Pretoria accused West Jerusalem of plunging Gaza into widespread suffering

In a landmark legal move, South Africa has formally presented its case before the International Court of Justice (ICJ) in The Hague, accusing Israel of serious violations of international law and human rights in the Palestinian territories, especially Gaza. 

This is the first time a state has brought such a comprehensive legal challenge to Israel's conduct in the occupied Palestinian territories before the ICJ, highlighting growing global concern over the ongoing crisis.

Zane Dangor, Director-General of the Department of International Relations and Cooperation, led the South African delegation yesterday at the Hague. 

Dangor opened with a stark account of the humanitarian catastrophe unfolding in Gaza.

"Gaza is once again under a complete siege following Israel's breach of a ceasefire brokered by the United States, Qatar, and Egypt," read Dangor's statement. 

"Israel is blocking essential life-sustaining supplies, reopening the floodgates of horror. Palestinian NGOs and aid organisations warn that Gaza faces famine, and humanitarian assistance is being deliberately obstructed."

He highlighted the staggering death toll-more than 52,000 Palestinians killed-and the mounting evidence of a collapsing humanitarian system, describing Gaza as a "killing field," as recently noted by the UN Secretary-General.

READ MORE: Trump explains why he's cutting South Africa aid

Dangor emphasised that Israel's actions violate international law, particularly the Fourth Geneva Convention, which protects civilians under occupation. 

He accused Israel of "extending its laws into occupied East Jerusalem and attempting to annex parts of the West Bank, in violation of the prohibition against acquiring territory by force.

"Israel's policies aim to undermine Palestinian self-determination and perpetuate an apartheid-like system, further entrenching occupation and repression."

Advocate Nokukhanya Jele provided further legal analysis, citing specific rulings and obligations under international law.

"The court's orders of January 26, March 28, and May 24, 2024 constitute additional legal obligations for Israel. 

"These rulings explicitly require Israel to allow and facilitate the unimpeded passage of humanitarian aid into the Gaza Strip, in full cooperation with the United Nations. Yet, Israel has blatantly ignored these binding obligations."

Jele pointed out that "one and a half months after legislation banning UNRWA went into effect, Israel intensified its denial of aid by imposing a nearly eight-week-long blockade on Gaza." 

She emphasised that UNRWA, contrary to Israeli narratives, is not engaging in one-sided advocacy but is acting by its recognised obligations as a global advocate for Palestinian refugees.

"Israel's conduct-such as blanket bans and restrictive procedures-are clear violations of the law of occupation." 

She warned that these acts threaten the very fabric of Palestinian civic life and violate their rights to self-determination, enshrined in the UN Charter and international human rights treaties.

Adding a crucial legal perspective, South Africa's State Law Advisor for International Law, Jamie Hendricks, addressed the court:

"International law prohibits Israel from employing 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."

READ MORE: Israel insists 'no chance' of long-term truce with Hamas - media

Hendricks referenced the UN Special Rapporteur's report of July 2024, which states:

"Starvation reflects a state's fundamental abandonment of its human rights obligations. Furthermore, the state of Israel has deployed the full range of techniques of hunger and starvation, perfecting the degree of control, suffering, and death it can cause through food systems, leading to this moment of genocide."

He strongly condemned Israel's aid blockade to Palestine.

"Palestinians are human beings-flesh and blood-entitled to the same protections under international law. Their right not to be arbitrarily deprived of life is non-derogable, even in armed conflict.

"Israel's blockade and refusal to allow humanitarian aid violate their right to self-determination, a core norm of international law protected by the UN Charter and the International Covenants.

"Israel's actions impede the UN and third states from fulfilling their duties to support Palestinian human rights, and that the 1946 General Convention explicitly protects UN premises and property from violation."

He called on the court to force Israel to cease its wrongful acts immediately, provide full reparation, and facilitate the unhindered delivery of humanitarian aid. 

He added that Israel must reverse its decision to expel UNRWA and other UN bodies from their mandated activities.

Hendricks underscored that the UN and its agencies have a duty not to recognize Israel's unlawful acts, such as its eviction of UNRWA. 

"Despite Israeli restrictions, the UN must continue to provide aid and demand the removal of barriers."

READ MORE: South Africa issues statement on ICJ case against Israel

He also stressed the responsibility of third states, emphasising that they have an obligation not to recognise Israel's wrongful acts and to refrain from supplying arms that enable ongoing violations, adding that collaboration with Israel's breaches must end.

Concluding his presentation, Hendricks echoed the UN Secretary-General's assessment that "the world has failed the Palestinian people." 

He urged the ICJ to "uphold international law, end Israel's unlawful occupation, and protect Palestinian rights to self-determination and human dignity."

"Palestinians look to this Court-and the international community-for justice and relief," Hendricks declared. "Their suffering must end, and accountability must be upheld."

South Africa's legal challenge arrives amid reports of a worsening humanitarian catastrophe in Gaza, where the blockade has led to starvation, medical shortages, and civilian casualties.

First published by IOL