It鈥檚 not usual to witness the murder and starvation of populations in real time. In the Gaza Strip, Israel has the means, the weapons and the sheer gumption to do so and Palestinians in Gaza find themselves with few options for survival.
The Jewish state鈥檚 strategic objectives, which involve the elimination of Hamas, have been shown to be unattainable. This is leading to failed policies of de-facto annexation and occupation coming back into its national security jargon.
In yet another round of proceedings, this time initiated by a UN General Assembly resolution, the International Court of Justice is hearing from 40 states and four international organisations on Israel鈥檚 complete blockade of Gaza since March 2.
Also featuring prominently are Israel鈥檚 efforts to attack the United Nations itself, notably UNRWA, the relief agency charged with aiding Palestinians.
Counsel for the Palestinians, Blinne N铆 Ghr谩laigh聽聽the central grievances. The restrictions on 鈥渢he fundamental rights of the Palestinian people, [Israel鈥檚] attacks on the United Nations and on UN officials, property and premises, its deliberate obstruction of the organisation鈥檚 work and its attempt to destroy an entire UN subsidiary organ鈥 lacked precedent 鈥渋n the history of the organisation鈥.
N铆 Ghr谩laigh said these actions are not only 鈥渁ntithetical to a peace-loving state鈥; they were also 鈥渁 fundamental repudiation by Israel of its charter obligations owed both to the organisation and to all UN members and of the international rule of law鈥.
Israel has closed all relevant crossings into the Strip and seemingly planned 鈥渢o annex 75 square kilometres of Rafah, one-fifth of Gaza, to [its] so-called buffer zone, permanently. This, together with Israel鈥檚 continuing maritime blockade, cuts Gaza and its people off from direct aid and assistance and from the rest of the world鈥.
N铆 Ghr谩laigh went on to document the plight of Palestinian children, 15,600 of whom had perished, with tens of thousands more injured, missing or traumatised. Gaza had become 鈥渉ome to the largest cohort of child amputees in the world, the largest orphan crisis in modern history, and a whole generation in danger of suffering from stunting, causing irreparable physical and cognitive impairments,鈥 she said.
South Africa, which has an application before the Court accusing Israel of violating the UN Genocide Convention,聽聽to the international prohibition against 鈥渟tarvation as a method of warfare, including under siege or blockade鈥.
Its representative Jaymion Hendricks insisted that Israel had 鈥渄eployed the full range of techniques of hunger and starvation鈥 against 鈥渢he protected Palestinian population, which it holds under unlawful occupation鈥.
The decision to expel UNRWA and relevant UN agencies should be reversed and access to food, medicine and humanitarian aid resumed.
In a chilling submission to the Court, Zane Dangor, director general of South Africa鈥檚 Department of International Relations and Cooperation,聽聽a scheme in the cruelty. 鈥淭he humanitarian aid system is facing total collapse. This collapse is by design.鈥
Foreign Minister Gideon Sa鈥檃r聽聽that Israel would not participate in oral proceedings he derided as a 鈥渃ircus鈥 and restated that UNRWA was 鈥渁n organisation infiltrated beyond repair by terrorism鈥.聽 He said the courts were once again being abused 鈥渢o try and force Israel to cooperate with an organisation that is infested with Hamas terrorists, and it won鈥檛 happen鈥.
He then shamelessly evoked 脡mile Zola鈥檚 鈥闯鈥橝肠肠耻蝉别鈥 note of 1898, penned during the convulsions of the Dreyfus Affair, saying: 鈥淚 accuse UNRWA. I accuse the UN. I accuse the Secretary General, I accuse all those that weaponize international law and its institutions in order to deprive the most attacked country in the world, Israel, of its most basic right to defend itself.鈥
Amir Weissbrod of Israel鈥檚 foreign ministry聽聽the claims that UNRWA had employed 1400 Palestinians with militant links. Furthermore, he said, some had taken part in Hamas鈥 October 7, 2023 attacks.
That such a small number had participated was striking and should have spared the organisation the savaging it received. Israel has longed for the expulsion of an entity that is an accusing reminder of its ongoing policy of oppression and dispossession.
In her moving address to the court, N铆 Ghr谩laigh urged the justices to direct Israel to allow aid to enter Gaza and re-engage the offices of UNRWA. Doing so might permit the re-mooring of international law.
Israeli officials' somewhat fanatical reaction to these proceedings in The Hague suggest that anchoring international obligations, notably concerning Palestinian civilians, is off their list.
[Binoy Kampmark currently lectures at RMIT University.]