South Africa has welcomed the advisory opinion issued by the International Court of Justice (ICJ) regarding Israel’s obligations.
As a Member State of the United Nations (UN) and an occupying power, the ICJ said Israel is expected to fulfil its responsibilities by facilitating the delivery of humanitarian aid to the Gaza Strip, and respecting the rights and needs of the people in the Occupied Palestinian Territory.
On Wednesday, the ICJ, which is the UN’s top court, delivered a non-binding opinion in The Hague, Netherlands.
According to the Department of International Relations and Cooperation (DIRCO), the court’s advisory opinion “authoritatively interpreted and reaffirmed Israel’s already existing obligations under binding international law”.
“The ICJ’s findings underscore that there is no legal ambiguity regarding Israel’s obligations to facilitate and respect the mandates of independent and impartial international and humanitarian organisations operating in the Occupied Palestinian Territory, including Israel’s binding obligations under international law to respect and protect the privileges and immunities of United Nations and entities, including their premises and personnel,” DIRCO said.
South Africa has noted the court's reminder that Israel must not use starvation of the Palestinian civilian population as a method of warfare.
“The court further emphasised Israel’s responsibility as an occupying power to ensure that the population of the Occupied Palestinian Territory has the essential supplies of daily life, including food, water, clothing, bedding, shelter, fuel, medical supplies and services.”
The department also noted that 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 court observed that Israel had not substantiated its allegations concerning UNRWA’s impartiality and referred to the immediate actions undertaken by the United Nations to address Israel’s concerns.
“Israel was therefore not permitted to take unilateral action against UNRWA, in violation of its UN Charter obligations to cooperate in good faith with the UN and to render it every assistance.
“Consequently, any arbitrary restrictions or curtailment by Israel that impedes such relief operations are inconsistent with its obligations under international humanitarian law. As an occupying power, Israel is prohibited from extending its domestic laws, such as the one banning UNRWA, to the Occupied Palestinian Territory.”
DIRCO stated that this aligns with South Africa’s submissions to the court, asserting that Israel cannot deny the Palestinian people’s inalienable right to territorial integrity and sovereignty over the entire Occupied Palestinian Territory, which includes the West Bank and East Jerusalem.
“Importantly, the Court recalled the prohibition on the forcible transfer and deportation of Palestinians in the Occupied Palestinian Territory, and the right of Palestinian detainees - as protected persons under international humanitarian law - to be visited by the International Committee of the Red Cross.
“Further, the court underscored that Israel must respect, protect and fulfil the human rights of the population of the Occupied Palestinian Territory – an obligation which persists, even in cases of armed conflict.
“Overall, the court anchored its findings in the Palestinian people’s right to self-determination, affirming that humanitarian and UN operations are essential to upholding this right,” the department said.
South Africa, DIRCO said, insists on the necessity for all parties involved in the conflict to adhere to their obligations under international law, including international humanitarian law and international human rights law, without exception, and consistently.
“As confirmed by the court, South Africa maintains that the cornerstone of lasting regional peace and stability lies in the full realisation of the Palestinian people’s right to self-determination, through a just and inclusive process.” – SAnews.gov.za
