How South Africa’s genocide case against Israel could influence the course of Gaza war

Special How South Africa’s genocide case against Israel could influence the course of Gaza war
South Africa has brought a case before the International Court of Justice, claiming that Israel’s war with Hamas amounts to genocide against Palestinians, a claim that Israel strongly denies. (AP)
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Updated 26 January 2024
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How South Africa’s genocide case against Israel could influence the course of Gaza war

How South Africa’s genocide case against Israel could influence the course of Gaza war
  • Israel has rejected South Africa’s claim that the war with Hamas amounts to genocide against Palestinians
  • Whatever the verdict of the International Court of Justice, experts say Israel’s global image has been tarnished

DUBAI: Whichever way the UN’s highest court rules in the case lodged by South Africa accusing Israel of genocide in Gaza, the high-profile proceedings alone may well be enough to change the course of the conflict, experts claim.

An interim ruling in the case, heard by a 17-judge panel at the International Court of Justice at The Hague, could be delivered on Friday, which might include a set of emergency measures against Israel. A verdict, however, may be years away.

Even if the court ultimately shoots down the South African team’s case and absolves Israel of breaching the Genocide Convention, the trial has had a profound impact on world opinion, with potential ramifications for the war and the international order.




Advocate Tembeka Ngcukaitobi, a member of the South African legal team, talks to journalists after landing back in South Africa on Jan. 14, 2024. after representing the country in a two-day hearing against Israel at the International Court of Justice. (AFP)

“Because a ruling may be years off, the importance of the court looking at this case is that it may swiftly order provisional measures to prevent future genocidal acts,” Joost R. Hiltermann, Middle East and North Africa program director at International Crisis Group, told Arab News. 

“While the court has no enforcement mechanism, its decisions carry enormous moral weight and thus may add to international pressure on Israel to start acting with restraint in its military operations in Gaza. 

“That would already be an enormous step forward, although what is really needed to save innocent lives is an immediate ceasefire.”

FASTFACTS

• South Africa accused Israel of committing genocide under the 1948 Geneva Convention.

• Israel has declassified secret orders, which it says rebut the charge of genocidal intent.

• Whatever the ICJ’s verdict, experts say Israel’s international image has been tarnished.

Israel launched its military campaign in Gaza in response to the Oct. 7 Hamas-led attack on southern Israel, which saw Palestinian militants kill some 1,200 people, mostly civilians, and take another 240 hostage, including many foreign nationals.

Since then, the Israeli army has waged a ferocious air and ground campaign against Hamas, which has controlled the Gaza Strip since 2007, killing more than 25,000 Palestinians, according to the Hamas-run health ministry.

Millions more have been displaced by the fighting, forcing them to live in exposed tent cities with limited access to food, potable water, and health services. UN experts have referred to the situation in Gaza as an “unfolding genocide.” 




Israel's war on Hamas in the Gaza Strip has the Mideast simmering, raising the temperature on tensions across the region and increasing the risk that seemingly localized conflicts could spin out of control. (AP Photo/File)

Palestinians in Gaza now make up 80 percent of all people facing famine or catastrophic hunger worldwide, marking an unparalleled humanitarian crisis in the Gaza Strip amid Israel’s continued bombardment and siege, according to UN human rights experts. 

“Currently, every single person in Gaza is hungry, a quarter of the population are starving and struggling to find food and drinkable water, and famine is imminent,” the group of UN special rapporteurs said in a joint statement.

On Wednesday, Israeli tanks reportedly struck a UN-run vocational training compound in Khan Younis that was sheltering some 30,000 displaced Palestinians, inflicting “mass casualties,” according to the UN.




An Israeli army tank rolls in southern Israel along the border with the Gaza Strip on January 24, 2024. (AFP)

The attack prompted rare condemnation from the US — Israel’s main international ally.

With Israeli Prime Minister Benjamin Netanyahu’s coalition government vowing to continue until Hamas is destroyed, the humanitarian crisis unfolding in Gaza has prompted several states, including South Africa, to accuse Israel of genocide.

The charges filed by South Africa against Israel at the ICJ focus on five main “genocidal acts,” including the mass killing of Palestinians, the infliction of serious mental and bodily harm, forced displacement and a blockade on essential supplies, the complete destruction of health services, and the prevention of births by blocking life-saving medical treatment and aid.


READ MORE: What is the genocide case against Israel at top UN court?


The Genocide Convention of 1948 does not define genocide solely as killing members of a particular ethnic or national group but says the killings must be committed “with intent to destroy” that group. 

South Africa has tried to prove genocidal intent by citing more than 50 comments and statements made since October by Israeli leaders, lawmakers, soldiers and commentators. 

Israel has declassified over 30 secret orders made by government and military leaders, which it says rebut the charge that it had genocidal intent in Gaza and instead show Israeli efforts to diminish deaths among Palestinian civilians. 




Israeli Prime Minister Benjamin Netanyahu (C) meets soldiers at an undisclosed location in the Gaza Strip. Netanyahu told soldiers in the Gaza Strip on November 26, 2023, that Israel's efforts would continue "until victory." (AFP)

Netanyahu himself issued a formal statement designed to reassure the court that Israel was acting in self-defense after the Oct. 7 attack and dismissed suggestions that Israel was seeking to expel Palestinians from Gaza.

In a recent analysis, Maha Yahya, director of the Malcolm H. Kerr Carnegie Middle East Center, said that no matter the outcome of the ICJ case, it has already seriously tainted Israel’s global image.

“The Gaza conflict has also redefined Israel’s image,” she said. “Its occupation and settlement of Palestinian land, like its apartheid policies, are increasingly being seen as the remnants of a bygone colonial era.”

There are doubts, however, as to whether any measures demanded by the ICJ will have sufficient teeth to impact Israel’s conduct in Gaza.




People ferry water at a makeshift tent camp for displaced Palestinians in Rafah near the border with Egypt in the southern Gaza Strip on January 24, 2024. (AFP)

“Irrespective of the outcome of the judgment, many experts have said that it is unlikely that South Africa will get all of the provisional measures that it has asked for,” Thandiwe Matthews, a human rights attorney and lecturer in law and development studies at the Wits School of Governance, told Arab News.

According to Matthews, the primary measures that are urgently needed include guaranteeing access for humanitarian aid deliveries to Gazan civilians and an immediate and lasting ceasefire.

“Of course, the merits of the case would then be investigated over many years,” she said. “But what this means significantly, I think, as a South African, is that this is not the first time that South Africa has used the international governance system to highlight both Western hypocrisy on the one hand or the double standards in international law that tend to excuse the behavior of the West and yet condemn similar behavior of the (Global) South.”




Israelis take part in a protest in Jerusalem on Jan. 25, 2024, against humanitarian aid entering Gaza and against the hostages exchange deal with Hamas. (AP)

And although the enforcement of any measures against Israel will be a matter for the UN Security Council, where the US will likely exercise its veto powers, Matthews believes the trial in itself has set an important precedent.

“What is very clear though, is that ordinary people are saying: ‘Enough,’” said Matthews. “It is the first time that Israel has been brought before the ICJ by South Africa.”

While several states in the Global South have rallied around South Africa’s case, European governments have been less enthusiastic about the trial and even opposed to the charge of genocide.

Shortly after the two-day hearing, Germany, Austria and the Czech Republic — all staunch allies of Israel — rejected the claim of genocide. Hungary condemned the case, while Berlin said it would intervene on Israel’s behalf at the ICJ.

Last week, officials in France, home to Europe’s largest Muslim and Jewish minorities, and which has banned pro-Palestinian protests since the Oct. 7 attacks, said Paris likewise does not support the ICJ case against Israel.

Meanwhile, aid organizations have chosen not to take a side in the case, although they have continued to stress the need to uphold international humanitarian law.




Palestinian women mourn outside the Najjar hospital in Rafah during a group burial on January 25, 2024 for relatives killed in the latest Israeli bombardment of Khan Younis and Rafah in the southern Gaza Strip. (AFP)

“It is not for the ICRC to comment publicly on this question,” Jessica Moussan, a spokesperson for the International Committee of the Red Cross, told Arab News.

“We focus on violations of international humanitarian law at large, and their humanitarian consequences for people, which we address as part of our confidential dialogue with the authorities concerned. 

“We continue to insist that the West Bank (including East Jerusalem) and Gaza constitute occupied territory and that Palestinians living in those areas constitute protected persons under the Geneva Conventions.”

Moussan stressed that wars have limits set out under international humanitarian law, which provides “rules to protect all those not or no longer directly participating in the hostilities, such as civilians or those deprived of liberty.”

While a conclusive verdict in the ICJ case may be far off and would likely have limited practical consequences in reality, it has marked a significant blow to public sympathy for Israel and at the very least has drawn world attention to the ongoing suffering in Gaza. 

 


Yemen’s Houthis freed over 100 war prisoners, the Red Cross says

Yemen’s Houthis freed over 100 war prisoners, the Red Cross says
Updated 7 sec ago
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Yemen’s Houthis freed over 100 war prisoners, the Red Cross says

Yemen’s Houthis freed over 100 war prisoners, the Red Cross says
  • The unilateral release comes more than a year after Yemen’s warring sides freed more than 800 prisoners in a major exchange in the country in April last year
CAIRO: The Iranian-backed Houthis rebels in Yemen on Sunday released more than 100 war prisoners linked to the country’s long-running conflict, the International Committee of the Red Cross said.
The unilateral release came more than a year after Yemen’s warring sides freed more than 800 prisoners in a major exchange in the country in April last year.
The release of 113 prisoners took place Sunday morning in the Houthi-held capital of Sanaa, the Red Cross said in a statement, adding that the released detainees were among those the ICRC visited and assisted regularly in their detention in the Yemeni capital.
“We hope this paves the way for further releases, bringing comfort to families eagerly anticipating reunification with their loved ones,” said Daphnee Maret, the ICRC’s head of delegation in Yemen.
One of the released detainees with health issues was transferred in an ambulance to his hometown inside Yemen, the ICRC said without elaborating.
The release was delayed by a day because of apparent logistical reasons, said Abdul-Qader Al-Murtaza, a Houthi official in charge of prisoner exchange talks.
Thousands of people are still believed to be held as prisoners of war since the conflict erupted in 2014, with others missing. The Red Cross viewed Sunday’s releases as a “positive step” to revive prisoner exchange negotiations.
“We are ready to play our role as a neutral intermediary in facilitating the release, transfer, and repatriation of detainees,” it said.
Yemen was plunged into a devastating conflict when the Houthis descended from their northern stronghold and seized Sanaa and much of northern Yemen, forcing the government into exile.
More than 150,000 people, including fighters and civilians, have died in one of the world’s worst humanitarian disasters.

Ahead of another donor conference for Syria, humanitarian workers fear more aid cuts

Ahead of another donor conference for Syria, humanitarian workers fear more aid cuts
Updated 26 May 2024
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Ahead of another donor conference for Syria, humanitarian workers fear more aid cuts

Ahead of another donor conference for Syria, humanitarian workers fear more aid cuts
  • Meanwhile, millions of Syrians have been pulled into poverty, and struggle with accessing food and health care as the economy deteriorates across the country’s front lines
  • id organizations are making their annual pitches to donors ahead of a fundraising conference in Brussels for Syria on Monday

BEIRUT: Living in a tent in rebel-held northwestern Syria, Rudaina Al-Salim and her family struggle to find enough water for drinking and other basic needs such as cooking and washing. Their encampment north of the city of Idlib hasn’t seen any aid in six months.
“We used to get food aid, hygiene items,” said the mother of four. “Now we haven’t had much in a while.”
Al-Salim’s story is similar to that of many in this region of Syria, where most of the 5.1 million people have been internally displaced — sometimes more than once — in the country’s civil war, now in its 14th year, and rely on aid to survive.
UN agencies and international humanitarian organizations have for years struggled with shrinking budgets, further worsened by the coronavirus pandemic and conflicts elsewhere. The wars in Ukraine and Sudan, and more recently Israel’s war with Hamas in the Gaza Strip are the focus of the world’s attention.
Syria’s war, which has killed nearly half a million people and displaced half the country’s pre-war population of of 23 million, has long remained largely frozen and so are also efforts to find a viable political solution to end it. Meanwhile, millions of Syrians have been pulled into poverty, and struggle with accessing food and health care as the economy deteriorates across the country’s front lines.
Along with the deepening poverty, there is growing hostility in neighboring countries that host Syrian refugees and that struggle with crises of their own.
Aid organizations are now making their annual pitches to donors ahead of a fundraising conference in Brussels for Syria on Monday. But humanitarian workers believe that pledges will likely fall short and that further aid cuts would follow.
“We have moved from assisting 5.5 million a year to about 1.5 million people in Syria,” Carl Skau, the UN World Food Program’s deputy executive director, told The Associated Press. He spoke during a recent visit to Lebanon, which hosts almost 780,000 registered Syrian refugees — and hundreds of thousands of others who are undocumented.
“When I look across the world, this is the (aid) program that has shrunk the most in the shortest period for time,” Skau said.
Just 6 percent of the United Nations’ appeal for aid to Syria in 2024 has so far been secured ahead of Monday’s annual fundraising conference organized by the European Union, said David Carden, UN deputy regional humanitarian coordinator for Syria.
For the northwestern region of Syria, that means the UN is only able to feed 600,000 out of the 3.6 million people facing food insecurity, meaning they lack access to sufficient food. The UN says some 12.9 million Syrians are food insecure across the country.
The UN hopes the Brussels conference can raise more than $4 billion in “lifesaving aid” to support almost two-thirds of the 16.7 million Syrians in need, both within the war-torn country and in neighboring countries, particularly Turkiye, Lebanon and Jordan.
At last year’s conference, donors pledged $10.3 billion — about $6 billion in grants and the rest in loans — just months after a 7.8 magnitude earthquake struck Turkiye and much of northern Syria, killing over 59,000 people, including 6,000 in Syria.
For northwestern Syria, an enclave under rebel control, aid “is literally a matter of life and death” this year, Carden told the AP during a recent visit to Idlib province. Without funding, 160 health facilities there would close by end of June, he said.
The International Rescue Committee’s head for Syria, Tanya Evans, said needs are “at their highest ever,” with increasing numbers of Syrians turning to child labor and taking on debt to pay for food and basics.
In Lebanon, where nearly 90 percent of Syrian refugees live in poverty, they also face flagging aid and increasing resentment from the Lebanese, struggling with their own country’s economic crisis since 2019. Disgruntled officials have accused the refugees of surging crime and competition in the job market.
Lebanon’s bickering political parties have united in a call for a crackdown on undocumented Syrian migrants and demand refugees return to so-called “safe zones” in Syria.
UN agencies, human rights groups and Western governments say there are no such areas.
Um Omar, a Syrian refugee from Homs, works in a grocery store in the northern Lebanese city of Tripoli — an impoverished community that once warmly welcomed Syrian refugees.
For her work, she gets to bring home every day a bundle of bread and some vegetables to feed her family of five. They live rent-free in a tent on a plot of land that belongs to the grocery store’s owners.
“I have to leave the kids early in the morning without breakfast so I can work,” she said, asking to be identified only by her nickname, Arabic for “Omar’s mother.” She fears reprisals because of heightened hostilities against Syrians.
The shrinking UN aid they receive does not pay the bills. Her husband, who shares her fears for their safety, used to work as a day laborer but has rarely left their home in weeks.
She says deportation to Syria, where President Bashar Assad’s government is firmly entrenched, would spell doom for her family.
“If my husband was returned to Syria, he’ll either go to jail or (face) forced conscription,” she explains.
Still, many in Lebanon tell her family, “you took our livelihoods,” Um Omar said. There are also those who tell them they should leave, she added, so that the Lebanese “will finally catch a break.”


Aid trucks from Egypt enter Gaza via Kerem Shalom crossing: media

Aid trucks from Egypt enter Gaza via Kerem Shalom crossing: media
Updated 26 May 2024
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Aid trucks from Egypt enter Gaza via Kerem Shalom crossing: media

Aid trucks from Egypt enter Gaza via Kerem Shalom crossing: media
  • All aid from Egypt is inspected by Israeli authorities and distributed via the UN

CAIRO: Aid trucks from Egypt began entering the Gaza Strip on Sunday through the Israeli-controlled Kerem Shalom crossing, state-linked media Al-Qahera News reported.

A total of “200 trucks” had moved from the Egyptian side of the Rafah border crossing, which has been shut since early May when Israel seized the Palestinian side of the terminal, to the Kerem Shalom crossing, some 4 kilometers (2.5 miles) to the south.

Egypt has refused to coordinate aid through Rafah as long as Israeli troops control the Palestinian side.

But on Friday, Egyptian President Abdel Fattah El-Sisi agreed in a call with his US counterpart Joe Biden to allow aid through Kerem Shalom, the other entry point into southern Gaza, the White House said.

Al-Qahera News did not specify how many trucks had made their way through inspection into besieged Gaza, but said “four fuel trucks” had already crossed and were heading to hospitals.

All aid from Egypt is inspected by Israeli authorities and distributed via the United Nations.

The remainder of the 200 trucks were “expected to cross into Gaza today,” Khaled Zayed, head of the Egyptian Red Crescent in Al-Arish — where the bulk of aid arrives — said.


Hamas says it captured Israeli soldiers in Gaza

Hamas says it captured Israeli soldiers in Gaza
Updated 26 May 2024
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Hamas says it captured Israeli soldiers in Gaza

Hamas says it captured Israeli soldiers in Gaza
  • Al-Qassam Brigades spokesman: ‘Our fighters lured a Zionist force into an ambush inside a tunnel’
  • The Israeli military, in a statement, denied the claim of Hamas’ armed wing

CAIRO: A spokesman for Hamas’ armed wing said on Sunday its fighters had captured Israeli soldiers during fighting in Jabalia in northern Gaza on Saturday, though the Israeli military denied the claim.
The Hamas armed wing spokesman did not say how many soldiers had been abducted and showed no proof of the claim.
“Our fighters lured a Zionist force into an ambush inside a tunnel ... The fighters withdrew after they left all members of the force dead, wounded, and captured,” Abu Ubaida, the spokesman for Al Qassam Brigades, said in a recorded message broadcast by Al Jazeera early on Sunday.
The Israeli military on Sunday denied the claim by Hamas’ armed wing.
“The IDF (Israeli Defense Forces) clarifies that there is no incident in which a soldier was abducted,” the military said in a statement.
Hamas released a video that appeared to show a bloodied person being dragged along the ground in a tunnel and photos of military fatigue and rifle. Reuters could not independently verify the identity of the person shown in the video nor his or her condition.
The comments by Abu Ubaida came hours after prospects for a resumption of mediated Gaza ceasefire talks grew on Saturday.
An official with knowledge of the matter said a decision had been taken to resume the talks next week after the chief of Israel’s Mossad intelligence agency met the head of the CIA and the prime minister of Qatar.
The source, who declined to be identified by name or nationality, said it had been decided that “in the coming week negotiations will open based on new proposals led by the mediators, Egypt and Qatar and with active US involvement.”
A Hamas official later denied Israeli media reports the talks would resume in Cairo on Tuesday, telling Reuters: “There is no date.”
After more than seven months of war in Gaza, the mediators have struggled to secure a breakthrough, with Israel seeking the release of hostages held by Hamas and Hamas seeking an end to the war and a release of Palestinian prisoners in Israel.
Nearly 36,000 Palestinians have been killed in Israel’s offensive, Gaza’s health ministry says. Israel began the operation in response to Hamas-led militants attacking southern Israeli communities on Oct. 7, killing around 1,200 people and seizing more than 250 hostages, according to Israeli tallies.


Scuffles erupt between police, protesters demanding return of Israeli hostages still held in Gaza

Scuffles erupt between police, protesters demanding return of Israeli hostages still held in Gaza
Updated 26 May 2024
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Scuffles erupt between police, protesters demanding return of Israeli hostages still held in Gaza

Scuffles erupt between police, protesters demanding return of Israeli hostages still held in Gaza
  • Israel says around 100 hostages are still being held in Gaza, along with the bodies of around 30 more
  • Around half of the 250 hostages taken by Hamas and other militants have been freed, most in swaps for Palestinian prisoners held by Israel

JERUSALEM: Scuffles between Israeli police and protesters erupted in Tel Aviv on Saturday after thousands gathered to demonstrate against the government and demand that it bring back the hostages being held by Hamas in Gaza.
Meanwhile, a small US military vessel and what appeared to be a strip of docking area washed up on a beach near the southern Israeli city of Ashdod, not far from the US-built pier on which the Israeli military said humanitarian aid is moving into the Palestinian territory.
Also on Saturday, Israeli bombardments were reported in northern and central Gaza.
Some protesters in Tel Aviv carried photos of the female soldiers who appeared in a video earlier in the week showing them soon after they were abducted during the Hamas attack on Israel on Oct. 7 started the war between Israel and Hamas. Some held banners reading “Stop the war” and “Help.” They called on the government to reach a deal to release the dozens of hostages still in captivity.
The protesters also called for the resignation of Israeli Prime Minister Benjamin Netanyahu and demanded new elections.
“We all saw the video, we could not stay at home after the government abandoned all these people,” said Hilit Sagi, from the group “Women Protest for the Return of All Hostages.”
Divisions among Israelis have deepened over how Netanyahu has handled the war against Hamas after the attack that killed about 1,200 people and saw 250 others taken hostage. Israel says around 100 hostages are still being held in Gaza, along with the bodies of around 30 more.

Israeli police detain a protester during a demonstration in Tel Aviv on May 26, 2024, by relatives and supporters of Israelis taken hostage by Palestinian militants in Gaza in the October 7 attacks. (AFP)

“Basically they are not doing enough in order for the hostages to come back, either with military force, with (a) hostages’ deal, negotiating. Nothing is being done,” said Snir Dahan, uncle of hostage Carmel Gat, still in captivity in Gaza.
Earlier in the week, the bodies of three hostages killed were recovered from Gaza, Israel’s army said Friday. The army said they were killed on the day of the attack and their bodies were taken to Gaza. The announcement came less than a week after the army said it found the bodies of three other Israeli hostages killed on Oct. 7.
Around half of the 250 hostages taken by Hamas and other militants have been freed, most in swaps for Palestinian prisoners held by Israel during a weeklong ceasefire in November.
Netanyahu’s government has faced increasing pressure, both at home and abroad, to stop the war and allow humanitarian aid into the enclave that is home to 2.3 million Palestinians, almost 80 percent of whom have been displaced.
Also this week, three European countries announced they would recognize a Palestinian state, and the chief prosecutor for the International Criminal Court requested arrest warrants for Israeli leaders, along with Hamas officials.
On Friday the International Court of Justice ordered Israel to end its military offensive in the southern Gaza city of Rafah and to open the nearby border crossing for crucial humanitarian aid. The top United Nations court also said Israel must give war crimes investigators access to Gaza.
However, the judges stopped short of ordering a full ceasefire across the entire Palestinian territory, and Israel is unlikely to comply with the court’s ruling. South Africa accuses Israel of committing genocide against the Palestinians during the war in Gaza, which Israel vehemently denies.
“We were hoping the war would end,” said Islam Abu Kamar, who moved from Gaza City to Rafah following the ground operation launched by Israel after the Hamas attack in October.
In the past two weeks, more than a million Palestinians have fled Rafah as Israeli forces pressed deeper into the city. Israel’s takeover this month of the Rafah border crossing, a key transit point for fuel and supplies for Gaza, has contributed to bringing aid operations to near collapse, the UN and relief groups say.
Israel says it needs to invade Rafah to destroy Hamas’ last stronghold. Egypt said it agreed to send UN humanitarian aid trucks through the Kerem Shalom border crossing, Israel’s main entry point into southern Gaza. But it remains unclear if the trucks will be able to enter because fighting still rages in Rafah.
Israel said aid is moving into the Palestinian territory through northern Gaza and via the US-built pier. On Saturday, a small US military boat and what appeared to be a strip of docking area washed up on a beach near the southern Israeli city of Ashdod.
The US Central Command said four of its vessels supporting the humanitarian aid mission were affected by rough seas with two of them anchoring near the pier off the Gaza coast and another two in Israel.
US officials said no injuries were reported and the US is working with the Israeli army to recover the vessels, Central Command said.
American officials hope the pier at maximum capacity can bring the equivalent of 150 truckloads of aid to Gaza daily. That’s a fraction of the 600 truckloads of food, emergency nutritional treatments and other supplies that USAID says are needed each day to bring people in Gaza back from the brink of famine and address the humanitarian crisis brought on by the 7-month-old Israel-Hamas war.
Israeli bombardments continued in the enclave on Saturday with reports of strikes northern and central Gaza. Witnesses said people were killed in strikes on the cities of Jabaliya and Nuseirat.
More than 35,000 Palestinians have been killed in the war, according to the Health Ministry, which doesn’t distinguish between combatants and civilians.