ICJ says Israel must allow UN aid deliveries to Gaza to meet basic needs

The International Court of Justice said that Israel has a legal obligation to facilitate the delivery of humanitarian aid to the Gaza Strip by the United Nations and its entities to ensure that the basic needs of Palestinian civilians there are met.

Advisory opinion from the United Nations Supreme Court He also said that Israel had not substantiated its claims that the United Nations Agency for Palestine Refugees (UNRWA) lacks neutrality or that a large number of its employees are members of Hamas or other armed groups.

The Secretary-General of the United Nations expressed his hope that Israel would adhere to the “very important resolution.”

But Israel rejected the International Court of Justice’s opinion, describing it as “political” and insisting that it would not cooperate with UNRWA, which it banned.

This opinion is not binding, but it carries great moral and diplomatic weight.

In December, the UN General Assembly asked the International Court of Justice to express an opinion on Israel’s obligations, as an occupying power and a member of the UN, towards UN agencies and other international organizations operating in Gaza and the occupied West Bank, including East Jerusalem.

This came after the Israeli Parliament passed laws prohibiting any UNRWA activity on Israeli territory or contact with Israeli officials.

The International Court of Justice was also asked to include in its opinion Israel’s duty to allow the unimpeded delivery of essential supplies to Palestinian civilians.

Israel tightened its blockade of Gaza after the start of its war with Hamas two years ago, and has since restricted – and in some cases completely stopped – the entry of food and other aid to the Strip’s 2.1 million residents.

Before the ceasefire agreement came into force this month, UN-backed global experts warned that more than 640,000 people were facing catastrophic levels of food insecurity and that there was a “entirely man-made” famine in Gaza City.

Israel refused to declare a famine, insisting that it was allowing enough food to enter.

ICJ President Yuji Iwasawa read its advisory opinion in The Hague on Wednesday.

He said that the panel of 11 international judges agreed that Israel, as an occupying power, is required to fulfill its obligations under international humanitarian law.

The first obligation is to “ensure that the population of the occupied Palestinian territory has access to basic supplies for daily life, including food, water, clothing, bedding, shelter, fuel, medical supplies and services,” according to the judge.

The second goal is “to approve and facilitate relief plans by all means available to them for the benefit of the residents of the occupied Palestinian territory as long as supplies are insufficient for these residents, as was the case in the Gaza Strip.”

Other obligations mentioned include respecting the prohibition of forcible transfer from occupied territories and the use of starvation of civilians as a means of war.

Judge Iwasawa said the committee also believes that Israel has “an obligation to cooperate in good faith with the United Nations by providing every assistance in any action it takes in accordance with the Charter of the United Nations, including [Unrwa]”.

He added that Israel is also obligated to ensure “full respect for the privileges and immunities granted to the United Nations” and its employees, as well as “the inviolability of the United Nations buildings… and the immunity of the organization’s property and assets from any form of interference.”

When UN Secretary-General António Guterres was asked about the advisory opinion in Geneva, he said: “This is a very important decision. I hope Israel will adhere to it.”

He added that the fatwa came at a time when the United Nations was doing everything in its power to enhance the delivery of aid to Gaza and deal with the “tragic situation” there.

The Israeli Foreign Ministry said it categorically rejected the advisory opinion, describing it as “completely predictable from the beginning with regard to UNRWA.”

He added, “This is another political attempt to impose political measures against Israel under the guise of international law.”

The ministry also said that Israel fully adheres to its obligations under international law and that it “will not cooperate with an organization afflicted by terrorist activities.”

UNRWA – the largest humanitarian organization in Gaza, with 12,000 Palestinian staff – has repeatedly denied Israel’s claims that it is deeply infiltrated by Hamas, which Israel, the United States, the United Kingdom and other countries classify as a terrorist organization.

Israel said UNRWA employees participated in the Hamas-led attack on southern Israel on October 7, 2023, in which some 1,200 people were killed and 251 others were taken to Gaza hostage, and claimed that the agency still employs more than 1,400 “Hamas agents.”

The United Nations said last year that it had dismissed nine UNRWA employees in Gaza after investigators found evidence of their possible involvement in the October 7 attack. 10 other employees were acquitted due to insufficient evidence.

Judge Iwasawa said that the information received by the ICJ “is not sufficient to prove that UNRWA lacks impartiality,” and that Israel “has not proven its allegations that a significant portion of UNRWA employees are members of Hamas… or other terrorist factions.”

Since Israeli laws banning UNRWA came into effect in January, the agency says its Palestinian staff have continued to provide assistance, education, health and other services to Palestinians in Gaza and the West Bank, including East Jerusalem.

However, the agency says Israel has banned it from bringing aid into Gaza and has stopped issuing entry visas to UNRWA’s international staff.

UNRWA says at least 309 of its staff and 72 people supporting the agency’s activities have been killed since the beginning of the war in Gaza. The Hamas-run Health Ministry in the Strip says Israeli attacks during the conflict have killed at least 68,229 people.

Sam Rose, UNRWA’s acting director in Gaza, told the BBC that the agency welcomed the advisory opinion because it “confirms Israel’s obligations under international law.”

He added, “Today’s ruling says that Israeli laws against UNRWA contradict those obligations, as do its actions on the ground.”

The Palestinian Foreign Ministry said the advisory opinion “clearly made it clear that Israel must stop these illegal policies and that states are obligated to force Israel to comply with its obligations in this regard.”

He added, “Israel must immediately lift the illegal embargo imposed on UNRWA and allow all other international organizations invited by Palestine to operate freely and safely.”