 "ICJ orders Israel to facilitate Gaza aid, uphold 'basic needs'; dismisses allegations against UNRWA")
The International Court of Justice (ICJ) on Wednesday said that Israel is obligated to facilitate the delivery of humanitarian aid into Gaza, emphasising the need to ensure Palestinians receive “basic needs” essential for survival.
The ruling comes amid a fragile ceasefire and growing efforts by aid organisations to expand the flow of assistance into the besieged territory.
According to AFP, the ICJ’s “Advisory Opinion” is not legally binding, but the court considers it to carry “great legal weight and moral authority.”
ICJ President Yuji Iwasawa noted that Israel is “under an obligation to agree to and facilitate relief schemes provided by the United Nations and its entities.”
That included UNRWA, the UN agency for Palestinian refugees, which Israel has banned after accusing some of its staff of taking part in the October 7, 2023, Hamas attack that sparked the war.
The ICJ ruled that Israel had not substantiated those allegations, reported AFP.
Israel did not participate in the proceedings, but an official told reporters ahead of the hearing that the case was “an abuse of international law.”
“Israel cooperates with international organisations, with other UN agencies regarding Gaza. But Israel will not cooperate with UNRWA,” AFP quoted the official as saying.
In response, Iwasawa said that the court “rejects the argument that the request abuses and weaponises the international judicial process.”
On the eve of the ICJ ruling, Abeer Etefa, Middle East spokeswoman for the UN’s World Food Programme (WFP), said that 530 WFP trucks had entered Gaza since the start of the ceasefire.
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More ShortsThose trucks delivered over 6,700 tonnes of food, which she said was “enough for close to half a million people for two weeks.”
Etefa noted that around 750 tonnes of aid were now entering Gaza daily — an increase compared to before the ceasefire, but still far short of the WFP’s target of approximately 2,000 tonnes per day.
In its ruling, the ICJ stated that Israel, as an occupying power, is obligated “to ensure the basic needs of the local population, including the supplies essential for their survival.”
Additionally, the court said Israel is “also under a negative obligation not to impede the provision of these supplies.”
The ICJ further recalled that international law prohibits the use of starvation as a method of warfare.
‘Serious concerns’
The United Nations had asked the ICJ to clarify Israel’s responsibilities as an occupying power, specifically its obligations toward UN and other humanitarian bodies, “including to ensure and facilitate the unhindered provision of urgently needed supplies essential to the survival” of Palestinians.
The ICJ heard a week of testimony in April from dozens of countries and organisations, with much of the focus on the role and status of the UN agency for Palestinian refugees, UNRWA.
During the hearings, a US official expressed “serious concerns” about UNRWA’s impartiality and claimed that Hamas had used the agency’s facilities.
Josh Simmons, representing the United States, argued that Israel had “no obligation to permit UNRWA specifically to provide humanitarian assistance.” He added that UNRWA was not the only means of delivering aid into Gaza.
However, the ICJ noted that UNRWA “cannot be replaced on short notice without a proper transition plan.”
Palestinian representative Ammar Hijazi told the court that Israel was blocking humanitarian aid as a “weapon of war,” resulting in starvation in Gaza.
The case addressed on Wednesday is separate from other legal challenges Israel currently faces over its military campaign in Gaza.
In July 2024, the ICJ issued a separate advisory opinion declaring Israel’s occupation of Palestinian territories “unlawful” and calling for it to end as soon as possible.
ICJ judges are also considering a case brought by South Africa, accusing Israel of violating the 1948 UN Genocide Convention in its Gaza operations.
In a related case, the International Criminal Court (ICC), also based in The Hague, has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu for alleged war crimes and crimes against humanity. The ICC has also issued a warrant for Hamas commander Mohammed Deif, whom Israel claims was killed in an airstrike.
With inputs from agencies
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