The International Court of Justice (ICJ) in The Hague delivered a stinging advisory opinion today, finding that Israel has breached its obligations by restricting humanitarian aid into Gaza over the past two years. The Court found Israel has a duty not to impede the supply of aid by UN organizations, including the UN Palestinian relief agency UNRWA.
The ICJ ruling, requested by the UN General Assembly, asserted that Israel had not produced adequate evidence to justify ending cooperation with UNRWA, stating the agency was the “backbone of all humanitarian assistance” in the area.
The ICJ ruling allows UNRWA and key aid groups to operate in Gaza, says Palestinian ambassador to the Netherlands Ammar Hijazi, adding that the decision will support crucial discussions on humanitarian relief.
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Key Findings by the Court
The Court’s findings, agreed by a vote of 10 to one, confirmed:
- Breach of Duties: Israel violated the UN’s immunities as set out in the UN Charter and ignored its humanitarian obligations as an occupying power under the Geneva Conventions.
- Starvation as Warfare: Israel is under a duty not to use starvation as a method of warfare, a finding directly related to the blocking of all UN aid into Gaza from March 2 to May 18.
- Inviolable Premises: Schools, hospitals, and other premises run by UNRWA must be treated as inviolable, with immunities and privileges of UN personnel in the occupied territories remaining functional during conflict.
- Access to Prisoners: Israel is obliged to allow the International Committee of Red Cross access to Palestinian prisoners held inside Israel.
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Reactions and Next Steps
The findings immediately prompted international action and rejection from Israel.
The Israeli Foreign Ministry categorically rejected the Court’s findings, stating on social media that “Israel fully upholds its obligations under international law.”
Conversely, Norway, which instigated the proceedings, announced it will seek to pass a resolution at the UN General Assembly based on the Court’s damning opinion. Norway’s Deputy Foreign Minister, Andreas Kravik, said: “We now expect Israel in line with the court opinion also to grant access not just to the UN but to the NGOs who are ready, willing and able to help.”
Separately, WHO Director-General Tedros Adhanom Ghebreyesus stated that even now, aid levels reaching Gaza were still being restricted and that the position remained “catastrophic and beyond words.”
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