THE HAGUE: The International Court of Justice (ICJ), the United Nations’ highest legal authority, issued an advisory opinion on Wednesday, emphasizing that Israel has a legal obligation to ensure the delivery of essential supplies and humanitarian aid to civilians in Gaza. The court’s panel of 11 judges stated that Israel must support relief efforts led by the United Nations, including agencies such as UNRWA—the UN Relief and Works Agency for Palestine Refugees in the Near East.
Presiding Judge Yuji Iwasawa underscored that as an occupying power, Israel is duty-bound to guarantee the basic necessities of Gaza’s population, which include food, water, shelter, fuel, and medical services.While ICJ advisory opinions carry significant legal and political influence, they are non-binding and lack enforcement mechanisms. The ruling was requested by the U.N. General Assembly in December and aims to clarify the responsibilities of states under international law, with implications extending beyond the Gaza conflict.
Israel Rejects the Court’s Findings
In a statement on X (formerly Twitter), Israel’s Foreign Ministry outright dismissed the ICJ’s verdict, asserting that “Israel fully upholds its obligations under international law” and rejecting the court’s conclusions.Israel also accused UNRWA of harboring members of Hamas and other militant groups, which led to its ban on the agency’s operations in Gaza last year. The government contended that the UN had yet to thoroughly investigate Hamas’s involvement within UNRWA staff, and declared it would not cooperate with an organization “infested with terrorist activities.”The ICJ judges, however, found that Israel had not provided sufficient evidence to substantiate claims that a significant portion of UNRWA employees were linked to Hamas.
Humanitarian Crisis and International Response
Earlier this year, UN and Palestinian representatives at the ICJ accused Israel of violating international law by restricting aid to Gaza during the months of March to May, a period when Israel had completely cut off all supplies, citing Hamas’s theft of aid as justification. Since then, some humanitarian assistance has resumed, but the UN reports that the aid flow remains far below the levels necessary to prevent a humanitarian catastrophe—bordering on famine.
A recently negotiated ceasefire stipulates that Israel should permit the entry of 600 trucks of aid daily, yet reports indicate that actual aid shipments are considerably less.The ICJ’s ruling highlighted the dire circumstances faced by Gaza’s population, emphasizing that Israel must not use starvation as a weapon of warfare.
Legal and Humanitarian Implications
Paul Reichler, representing the Palestinians, commented that the court’s decision underscores Israel’s failure to meet its international legal responsibilities. “The court has declared starvation as a method of warfare illegal, yet Israel continues to prevent essential supplies from reaching Gaza’s civilians,” he stated.
UNRWA, which supports millions of Palestinians through education and aid programs, employs over 30,000 staff members. The UN revealed last August that nine UNRWA employees might have been involved in Hamas’s October 7, 2023, attack on Israel, leading to their dismissal. Israel also reports that a UNRWA employee killed in Gaza last October was a Hamas commander.
In a prior 2024 opinion, the ICJ declared Israel’s occupation of Palestinian territories illegal and called for an immediate end, reaffirming Israel’s human rights obligations due to its role as an occupying power.
