The International Court of Justice (ICJ) has on Wednesday issued an Advisory Opinion confirming that Israel is bound by clear legal obligations as an occupying power in Palestine, a finding that South Africa says removes any ambiguity about Israel’s responsibilities under international law.

The ICJ’s opinion sets out Israel’s duties under the UN Charter and international humanitarian law, particularly regarding the treatment of civilians and cooperation with humanitarian and United Nations agencies operating in Palestine.

In a statement welcoming the ruling, South Africa’s Department of International Relations and Cooperation (DIRCO) said the Court had “authoritatively reaffirmed” Israel’s existing obligations as both a UN Member State and an occupying power.

The ICJ findings

The ICJ stated that Israel must facilitate and respect the work of independent humanitarian organisations, including the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA).

The Court rejected Israel’s claims questioning UNRWA’s impartiality, noting that no evidence had been provided to support them.

It also found that Israel cannot take unilateral action against UNRWA or extend domestic laws banning the agency into Palestine.

The Court also recalled Israel’s prohibition from using starvation of civilians as a method of warfare and reaffirmed its responsibility to ensure access to essential goods and services, such as food, water, shelter, medical care, and fuel.

The ICJ also recalled the prohibition on the forcible transfer and deportation of Palestinians and the right of Palestinian detainees as protected persons under international humanitarian law to be visited by the International Committee of the Red Cross.

The Court reiterated that Israel must respect, protect and fulfil the human rights of the Palestinians.

Overall, the Court highlighted its findings on the Palestinian people’s right to self-determination.

It is worth noting that the Advisory Opinion, while not legally binding, carries significant moral and legal authority. It reinforces a growing body of international rulings emphasising that Israel, as an occupying power, must act within the framework of international humanitarian and human rights law.

South Africa’s response

“The ICJ’s findings underscore that there is no legal ambiguity regarding Israel’s obligations under binding international law,” DIRCO said in a statement released on Thursday. “As the Court confirmed, Israel remains responsible for protecting the human rights of Palestinians, even in situations of armed conflict.”

The department reiterated that the judgment aligns with the country’s position that peace and stability in the region depend on the realisation of the Palestinian people’s right to self-determination through a just and inclusive process.

Dirco said it remains imperative that all parties to the conflict must uphold their commitments under international law, including international humanitarian law and international human rights law, without exception and at all times.

“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. This accords with South Africa’s submissions to the Court that Israel may not deny the Palestinian people’s inalienable right to territorial integrity and sovereignty over the entirety of the Occupied Palestinian Territory, including the West Bank and East Jerusalem,” stated Dirco. 

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