Palestinian families displaced from their homes make preparations for the iftar dinner in temporary tents in Rafah on Thursday. Photograph: Anadolu/Getty Images
The international court of justice has ordered Israel to allow unimpeded access of food aid into Gaza, where sections of the population are facing imminent starvation, in a significant legal rebuke to Israel’s claim it is not blocking aid deliveries.
A panel of judges at the UN’s top court, which is already considering a complaint from South Africa that Israel is committing genocide in the Palestinian territory, issued the ruling after an emergency measure in January obliging Israel to admit emergency aid.
The judges, who were unanimous in their decision, said Palestinians in Gaza were facing worsening conditions of life, and famine and starvation were spreading. “The court observes that Palestinians in Gaza are no longer facing only a risk of famine … but that famine is setting in,” the judges said.
In its legally binding order, the court told Israel to take “all necessary and effective measures to ensure, without delay, in full cooperation with the United Nations, the unhindered provision at scale by all concerned of urgently needed basic services and humanitarian assistance” including food, water, fuel and medical supplies.
The ICJ also ordered Israel to immediately ensure “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”.
Israel denies it is committing genocide and says its military campaign is self-defence.
Palestinian and South African flags are seen at a January 13, 2024 protest for Gaza in Dublin, Ireland. (Photo: Stringer/Andalou via Getty Images)
“What we saw on October 7 in Israel, and what we are seeing in Gaza now, represents the blatant violation of international humanitarian law on a mass scale,” said one top Irish official.
Citing Israel’s “blatant” human rights violations in Gaza, Ireland’s second-highest-ranking official said Wednesday that the country will join the South Africa-led genocide case before the International Court of Justice in The Hague.
Irish Tánaiste Micheál Martin—the equivalent of a deputy prime minister in other parliamentary nations—said that Ireland decided to intervene in the case after analyzing the “legal and policy issues” pertaining to the case under review by the United Nations’ top court.
“It is for the court to determine whether genocide is being committed,” Martin—who also serves as Ireland’s foreign and defense minister—said in a statement. “But I want to be clear in reiterating what I have said many times in the last few months; what we saw on October 7 in Israel, and what we are seeing in Gaza now, represents the blatant violation of international humanitarian law on a mass scale.”
Important decision that Ireland will intervene in the South Africa v Israel case at the ICJ
Accountability is the cornerstone of international law & the functioning of the global multilateral system; in respect of all parties to all conflicts, state and non-state actors alike https://t.co/RsOQQu2GpO
The taking of hostages. The purposeful withholding of humanitarian assistance to civilians. The targeting of civilians and of civilian infrastructure. The indiscriminate use of explosive weapons in populated areas. The use of civilian objects for military purposes. The collective punishment of an entire population.
The list goes on. It has to stop. The view of the international community is clear. Enough is enough. The U.N. Security Council has demanded an immediate cease-fire, the unconditional release of hostages, and the lifting of all barriers to the provision of humanitarian assistance at scale. The European Council has echoed this call.
South Africa’s case—which is supported by over 30 countries, the Arab League, African Union, and others—incisively details Israel’s conduct in the war, including the killing of tens of thousands of Palestinians, mostly women and children; the wounding of tens of thousands more; the forcible displacement of 90% of the besieged enclave’s 2.3 million people; and the inflicting of conditions leading to widespread starvation and disease. The filing also cited numerous genocidal statements by Israeli officials.
On January 26, the ICJ issued a preliminary ruling that Israel is plausibly committing genocide in Gaza and ordered its government and military to prevent genocidal acts. Palestinian and international human rights defenders say Israel has ignored the order.
A draft report released this week by the U.N.’s Human Rights Council found “reasonable grounds to believe” that Israel is committing genocide in Gaza, a move that came on the same day as the U.N. Security Council passed a resolution demanding an immediate cease-fire in the ongoing war.
“The situation could not be more stark; half the population of Gaza face imminent famine and 100% of the population face acute food insecurity,” said Martin. “As the U.N. secretary-general said as he inspected long lines of blocked relief trucks waiting to enter Gaza during his visit to Rafah at the weekend: ‘It is time to truly flood Gaza with lifesaving aid. The choice is clear: surge or starvation.’ I echo his words today.”
In a St. Partick’s Day White House meeting with U.S. President Joe Biden—a staunch supporter of Israel—Irish Toaiseach (Prime Minister) Leo Varadkar, who announced earlier this month that he would soon step down, said that “the Irish people are deeply troubled about the catastrophe that’s unfolding before our eyes in Gaza.”
“And when I travel the world, leaders often ask me why the Irish have such empathy for the Palestinian people,” he added. “And the answer is simple: We see our history in their eyes—a story of displacement, of dispossession and national identity questioned and denied, forced emigration, discrimination, and now hunger.”
Palestinian children in Rafah, Gaza gather to receive food distributed by aid organizations on March 15, 2024. (Photo: Jehad Alshrafi/Anadolu via Getty Images)
“There is an indisputable, man-made, intentional deprivation of aid that continues to suck the life out of any and all humanitarian operations, including our own,” said one campaigner.
The Israeli government is intentionally restricting the flow of humanitarian aid to the Gaza Strip by subjecting shipments to a prolonged and dysfunctional inspection process, arbitrarily rejecting items, attacking aid convoys, and limiting the number of crossings through which deliveries can pass, Oxfam International said in a report published late Sunday.
The report, titled Inflicting Unprecedented Suffering and Destruction, argues that Israel’s continued obstruction of humanitarian aid is a direct violation of both international humanitarian law (IHL) and a January order from the International Court of Justice (ICJ), which ruled the Israeli government is “plausibly” committing genocide in Gaza and must ensure that assistance reaches desperate Gazans.
Oxfam said Sunday that “humanitarian access in the Gaza Strip has effectively worsened” since the ICJ handed down its interim order nearly two months ago, and conditions on the ground in the Palestinian territory have deteriorated rapidly. New data from the Integrated Food Security Phase Classification (IPC) shows that Gaza’s “entire population” is facing “high levels of acute food insecurity” and 1.1 million people are experiencing “catastrophic” hunger—a figure that one expert called “unprecedented.”
“The ICJ order should have shocked Israeli leaders to change course, but since then conditions in Gaza have actually worsened,” said Sally Abi Khalil, Oxfam’s Middle East and North Africa director. “The fact that other governments have not challenged Israel hard enough, but instead turned to less effective methods like airdrops and maritime corridors is a huge red flag, signaling that Israel continues to deny the full potential of better ways to deliver more aid.”
“Israeli authorities are not only failing to facilitate the international aid effort but are actively hindering it,” Abi Khalil added. “We believe that Israel is failing to take all measures within its power to prevent genocide.”
In its new report, Oxfam outlines seven ways in which the Israeli government is impeding humanitarian aid shipments and exacerbating one of the worst humanitarian catastrophes in modern history:
In February—the first full month after the ICJ’s order—Israel allowed just 2,874 aid trucks to enter the Gaza Strip, a 44% decline compared to the previous month, according to Oxfam.
The group said Israeli authorities “have rejected a warehouse full of international aid including oxygen, incubators, and Oxfam water and sanitation gear, all of which is now stockpiled at Al Arish just 40 kilometers away from the border of 2.3 million desperate Palestinians in Gaza.”
Israel’s military, which is armed by the U.S. and other major countries that are legally obligated to prevent genocide, has also blocked humanitarian staff from entering Gaza, adding “pressure and workload” to already overwhelmed aid efforts, Oxfam said.
Celine Maayeh, advocacy and research officer at Juzoor for Health and Social Development—an Oxfam partner organization—said Sunday that “there’s been an alarming increase in cases of malnutrition among children in the last month, and yet the only food the team is able to find to feed people living in 45 shelters is some vegetables.”
“There is an indisputable, man-made, intentional deprivation of aid that continues to suck the life out of any and all humanitarian operations, including our own,” said Maayeh.
“If a famine is declared, it will already be too late for too many people—children are famine’s first victims and are already dying in Gaza because of malnutrition.”
Oxfam’s findings are consistent with those of other aid organizations and lawmakers who have visited the region in recent weeks.
In January, U.S. Sens. Jeff Merkley (D-Ore.) and Chris Van Hollen (D-Md.) told reporters that they witnessed “miles of backed-up trucks” stuck at border crossings as Gazans nearby struggled to survive, eating grass and drinking contaminated water.
The senators said they saw one warehouse full of items that Israeli authorities rejected in their inspection process, including oxygen cylinders and medical kits used for delivering babies.
Van Hollen said the warehouse was “a testament to the arbitrariness” of Israel’s inspections.
Oxfam argued Sunday that the “only meaningful solution” to Gaza’s intensifying humanitarian emergency is “an immediate, permanent, and unconditional cease-fire.”
“Even the trickle of aid that a humanitarian response could provide under the current circumstances is being further obstructed by Israel’s policies and practices, inflicting suffering on millions of Palestinians who are living under Israeli bombardment without access to food, clean water, and medical care,” the group said.
Xavier Joubert, country director for Save the Children in the occupied Palestinian territory, echoed Oxfam’s call for a cease-fire and warned in response to the new IPC figures that “we have a clear timeframe to stave off famine, and it demands urgency.”
“If a famine is declared, it will already be too late for too many people—children are famine’s first victims and are already dying in Gaza because of malnutrition,” said Joubert. “Every minute counts for them. It should be on the collective conscience of Israeli authorities and the international community that every day without an immediate, definitive cease-fire and unfettered access for and to humanitarian aid is another catastrophic day of starvation and suffering, another step towards famine, and another death knell for Gaza’s children.”
With over 17 million subscribers, the Morning, the New York Times’ flagship newsletter, is by far the most popular newsletter in the English-speaking world. (It has almost three times as many subscribers as the next most popular newsletter.)
Since October 7, as Israel has waged an unprecedented war on Palestinian children, journalists, hospitals and schools, the New York Times’ highly influential newsletter has bent over backwards to blame everyone but Israel for the carnage.
Waging a legitimate war
According to the Morning—led by head writer David Leonhardt—Israel’s war on Gaza is a targeted operation designed to eliminate Hamas. The Morning propagates this narrative despite well-documented declarations of collective punishment and even genocidal intent by high-ranking Israeli officials—a tendency that South Africa has forcefully documented in their case before the ICJ (UN, 12/29/23). Israeli President Isaac Herzog’s comments on October 12, 2023, are typical: “It’s an entire nation out there that is responsible. It’s not true, this rhetoric about civilians not aware, not involved.”
This sentiment has been echoed by Prime Minister Benjamin Netanyahu, multiple cabinet-level ministers and senior military officials. Speaking from a devastated northern Gaza, one top Israeli army official said (UN, 12/29/23): “Whoever returns here, if they return here after, will find scorched earth. No houses, no agriculture, no nothing. They have no future.”
The Morning (10/13/23) expresses what it sees as the main problem with mass death in Gaza: “The widespread killing of Palestinian civilians would damage Israel’s global reputation.”
Despite these statements and the body of supporting evidence, the Morning has consistently portrayed the war on Gaza as a focused campaign targeting the military infrastructure of Hamas.
For instance, in one October edition (10/13/23), Leonhardt and co-writer Lauren Jackson explained, “Israel’s goals are to prevent Hamas from being able to conduct more attacks and to reestablish the country’s military credibility.”
In similar fashion, in a late January edition (1/28/24), the Morning argued that Israel’s 17-year-long blockade of Gaza is primarily designed to debilitate Hamas—rather than to collectively punish Gazan civilians, as many analysts and human rights groups have argued:
For years, Israel has limited the flow of goods into Gaza, largely to prevent Hamas from gaining access to military supplies.
The Morning did, in the same edition (1/28/24), quote Israeli Defense Minister Yoav Gallant’s comments in the immediate aftermath of October 7:
After the Hamas-led October 7 terrorist attacks, Israel ordered what its defense minister called a “complete siege” of Gaza. The goal was both to weaken Hamas fighters and to ensure that no military supplies could enter.
This is, however, a downright fictional interpretation of Gallant’s quote (Al Jazeera, 10/9/23), given that the Morning failed to quote the next words out of his mouth:
There will be no electricity, no food, no water, no fuel, everything will be closed. We are fighting against human animals, and we are acting accordingly.
Blame the terrorists
The Morning (10/30/23) insists that “Hamas is responsible for many of the civilian deaths” caused by Israel—a division of responsibility it would never apply to civilians killed by Hamas on October 7.
The Morning consistently has argued that Hamas makes densely populated civilian areas legitimate targets for Israeli attacks by conducting military operations nearby. This deflects blame from Israel and frames civilian casualties as a necessary evil, as in the October 30 edition of the newsletter:
Hamas has hidden many weapons under hospitals, schools and mosques so that Israel risks killing civilians, and facing an international backlash, when it fights. Hamas fighters also slip above and below ground, blending with civilians.
These practices mean that Hamas is responsible for many of the civilian deaths, according to international law.
Similar rhetoric was deployed in this December edition (12/20/23):
Hamas has long hidden its fighters and weapons in and under populated civilian areas, such as hospitals and mosques. It does so partly to force Israel to make a gruesome calculation: To fight Hamas, Israel often must also harm civilians.
The Morning has not yet found it pertinent to report on, for instance, the Israeli soldiers who dressed as doctors to gain access to the Ibn Sina Hospital in the West Bank, and proceeded to assassinate three Palestinian militants in their hospital beds.
To the Morning (11/14/23), Israel’s mass slaughter of civilians is unavoidable:
The battle over Al-Shifa Hospital in Gaza highlights a tension that often goes unmentioned in the debate over the war between Israel and Hamas: There may be no way for Israel both to minimize civilian casualties and to eliminate Hamas.
It repeats this line again in a late January edition (1/22/24), once again framing the mass murder of civilians as a “difficult decision”:
The Israeli military faces a difficult decision about how to proceed in southern Gaza…. Israel will not easily be able to eliminate the fighters without killing innocent civilians.
Longer term, there will be more difficult choices. Many steps that Israel could take to reduce civilian casualties in Gaza, such as advance warnings of attacks, would also weaken its attempts to destroy Hamas’s control.
These themes are repeated across all editions of the Morning, and echo throughout the New York Times’ reporting on Israel. Israel’s motivations in the war (beyond eliminating Hamas) go unquestioned, while the openly genocidal statements made by high-ranking politicians and military leaders go unacknowledged.
And when Israeli mass murder of Palestinian civilians is mentioned, it is constantly qualified by the line that Hamas is fully or partially to blame.
‘Civilian death toll in Gaza’
David Leonhardt assures readers of the Morning (12/7/23) that “military experts say that there is probably no way for Israel to topple Hamas without a substantial civilian toll.” The possibility that this means that Israel should therefore not try to “topple Hamas” is not addressed.
Let’s break down one emblematic newsletter (12/7/23) written by Leonhardt in December, in which he “puts the [civilian death] toll in context and explains the reason for it.”
Leonhardt began by qualifying the Palestinian death toll—around 17,000 at time of writing in early December. First, he delegitimized the Gaza Health Ministry, which, he wrote, “seems to have spread false information during the war.” Though he acknowledged that “many international observers believe that the overall death toll is accurate…as do some top Israeli officials,” he wrote that “there is more debate about the breakdown between civilian and combatant deaths.” Leonhardt went on:
A senior Israeli military official told my colleague Isabel Kershner this week that about a third of the dead were likely Hamas-allied fighters, rather than civilians. Gazan officials have suggested that the combatant toll is lower, and the civilian toll higher, based on their breakdown of deaths among men, women and children.
Leonhardt only informs readers that Hamas has spread false information, while neglecting to mention Israel’s documented history of lying to the press (IMEU, 10/17/23; Intercept, 2/27/24). He also declined to investigate the implausibility of his source’s figure: At this point in the war, about 30% of Palestinian fatalities were adult men, meaning the Israeli figure implies that essentially every adult man killed by Israel was a Hamas fighter—all civilian men being miraculously spared.
Next, Leonhardt attempted to explain “who is most responsible for the high civilian death toll”—concluding, even before describing them, that “different people obviously put different amounts of blame on each.”
First he named Israel, and contextualized and rationalized Israel’s war crimes:
After the October 7 attacks—in which Hamas fighters killed more than 1,200 people, while committing sexual assault and torture, sometimes on video—Israeli leaders promised to eliminate Hamas. Israel is seeking to kill Hamas fighters, destroy their weapons stockpiles and collapse their network of tunnels. To do so, Israel has dropped 2,000-pound bombs on Gaza’s densely populated neighborhoods.
Note that Leonhardt framed the war as a campaign only to “kill Hamas fighters, destroy their weapons stockpiles and collapse their network of tunnels,” despite the evidence that Israel has targeted civilian infrastructure, journalists, healthcare workers and aid workers—actions backed by the aforementioned statements of genocidal intent.
Though Leonhardt briefly mentioned that Israel’s war has drawn international criticism, he made no mention of international law and concluded with his refrain that Israel can hardly avoid causing the deaths of “substantial” numbers of civilians:
Nonetheless, military experts say that there is probably no way for Israel to topple Hamas without a substantial civilian toll. The question is whether the toll could be lower than it has been.
Next, Leonhardt turned to his condemnation of Hamas:
The second responsible party is Hamas. It hides weapons in schools, mosques and hospitals, and its fighters disguise themselves as civilians, all of which are violations of international law.
This approach both helps Hamas to survive against a more powerful enemy — the Israeli military—and contributes to Hamas’s efforts to delegitimize Israel. The group has vowed to repeat the October 7 attacks and ultimately destroy Israel. Hamas’s strategy involves forcing Israel to choose between allowing Hamas to exist and killing Palestinian civilians.
Hamas is simply not prioritizing Palestinian lives.
It is notable that—unlike with Israel—Leonhardt did not attempt to contextualize Hamas’ actions by noting the horrifying conditions that Israel has imposed on Gaza for years, or the over 900 Palestinian children killed by Israel in the decade preceding October 7. To Leonhardt, history is only relevant when it justifies Israeli aggression.
While Leonhardt states unequivocally that Hamas is violating international law, he does not find it worthwhile to investigate Israel’s flagrant and abundantlydocumented violations of international law. He also does not mention the Palestinian right to resist occupation, a right enshrined under international law.
This unequal treatment leads straight to the jarringly contrasting conclusions, in which he essentially excuses Israel’s genocidal war as unavoidable, while he condemns Hamas for “simply not prioritizing Palestinian lives.”
Leonhardt’s December 7 piece is not an aberration: It is emblematic of the language, selective contextualization and framing that the Times‘ Morning newsletter wields to provide ideological cover for Israel’s crimes.
Trucks carrying aid supplies to Gaza are seen at the Karem Abu Salem border crossing on February 17, 2024. (Photo: Abed Rahim Khatib/Anadolu via Getty Images)
The decision demonstrates “why there can be no end to the genocide of Palestinians without an end of Israel’s control over Gaza,” said one human rights lawyer.
With the level of humanitarian aid reaching Gaza residents perilously low and creating what one group last week called “famine-like conditions” throughout the enclave, the United Nations’ top official overseeing relief for Palestinians on Tuesday condemned Israel’s latest reason for blocking a shipment: It included medical scissors for caring for children.
Israel flagged the scissors as a so-called “dual-use” item, suggesting the government feared medical workers in Gaza—where more than 600 attacks on hospitals have pushed the healthcare system toward collapse—would use the scissors as weapons instead of to care for people who have been injured in relentless bombings.
“Medical scissors are now added to a long list of banned items the Israeli authorities classify as ‘for dual use,'” said Philippe Lazzarini, commissioner-general of the U.N. Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). “The list includes basic and lifesaving items: from anesthetics, solar lights, oxygen cylinders, and ventilators, to water cleaning tablets, cancer medicines, and maternity kits.”
#Gaza: an entire population depends on humanitarian assistance for survival. Very little comes in & restrictions increase.
A truck loaded with aid has just been turned back because it had scissors used in children’s medical kits.
The truck carrying the medical kits and other items was turned back a day after 12 Israeli human rights groups condemned the right-wing government of Prime Minister Benjamin Netanyahu for openly violating an order from the International Court of Justice (ICJ) by continuing to obstruct humanitarian aid.
The ICJ issued an interim ruling in January saying that Israel was “plausibly” committing a genocide in Gaza and ordering the government to ensure the delivery of aid.
Mai El-Sadany, executive director of the Tahrir Institute for Middle East Policy in Washington, D.C., said Israel’s latest move to block relief from reaching starving Gaza residents should eliminate any doubt that the government is flouting the ICJ’s order.
If you're somehow still wondering whether Israel is a reliable partner in aid delivery into Gaza + whether it's violating @CIJ_ICJ order on aid delivery, read this:
"A truck loaded with aid has just been turned back because it had scissors used in children’s medical kits." https://t.co/qSVYHrWk7r
The death toll from starvation in Gaza has now reached at least 25 people, mostly children. In what the International Rescue Committee called a “conservative” estimate late last month, at least 1 in 4 households—more than half a million people—are now facing “catastrophic or famine conditions.”
Juliette Touma, director of communications for UNRWA, told Al Jazeera Monday that a minimum of 500 aid trucks daily—the number that entered Gaza each day before the war—are needed to meet the needs of the civilian population. An average of 90 trucks entered the enclave per day in February, with the number as low as seven or nine on some days.
The World Health Organization said Monday that it had reached Al-Ahil Arab Hospital and Al-Sahaba Hospital in northern Gaza with trauma supplies to serve 150 patients over the weekend.
Medical teams there, however, still lack basic necessities to care for people, including “food, fuel, specialized staff, anesthetic drugs, antibiotics, and internal fixation devices,” WHO chief Tedros Adhanom Ghebreyesus said.
George Washington University professor William Lafi Youmans condemned the blocking of the aid truck carrying medical kits as “deplorable” and “nonsensical.”
Human rights lawyer Zaha Hassan of the Carnegie Endowment for International Peace said Israel’s decision underscores the need for an immediate, permanent cease-fire in Gaza and an end to Israel’s occupation of Palestinian territory including Gaza and the West Bank.
“Returning an entire truckload of humanitarian assistance because children’s scissors were part of a medical kit,” said Hassan, “is why there can be no end to the genocide of Palestinians without an end of Israel’s control over Gaza.”
