The International Court of Justice stated on Wednesday that Israel is required to facilitate the delivery of aid into Gaza, emphasizing the necessity of providing Palestinians with their fundamental survival needs.
The extensive ICJ verdict, promptly dismissed by Israel, occurred as aid organisations sought to enhance essential humanitarian aid to Gaza, capitalising on a tenuous ceasefire established earlier this month.
The UN’s principal court’s “Advisory Opinion” is not legally binding; yet, the ICJ asserts it possesses significant legal weight and moral authority.
This decision is of paramount importance. UN Secretary-General Antonio Guterres expressed his hope that Israel would comply with it on Wednesday.
ICJ President Yuji Iwasawa stated that Israel is “obligated to consent to and facilitate relief initiatives offered by the United Nations and its agencies.”
This encompassed UNRWA, the United Nations agency for Palestinian refugees, which Israel has prohibited following allegations that some of its personnel participated in the Hamas assault on October 7, 2023, that initiated the conflict in Gaza.
The ICJ determined that Israel failed to establish the claims.
Israel abstained from the proceedings and challenged the results.
“Israel unequivocally dismisses the ICJ’s ‘advisory opinion,’ which was entirely foreseeable from the beginning concerning UNRWA,” stated foreign ministry spokesman Oren Marmorstein on X.
This represents yet another political endeavour to impose measures against Israel under the pretence of ‘International Law.’
Iwasawa stated that the ICJ “dismisses the assertion that the request misuses and weaponises the international judicial process.”
Another Israeli official stated that Israel “collaborates with international organisations and various UN agencies concerning Gaza.” However, Israel will not collaborate with UNRWA.
Shortly after the verdict, Norway announced its intention to draft a UN General Assembly resolution urging Israel to remove limitations on aid to Gaza.
Ammar Hijazi, the Palestinian delegate to the ICJ, implored nations to compel Israel to adhere to the court’s directives regarding the facilitation of supplies into Gaza.
“The international community bears the responsibility to uphold these values and compel Israel to comply,” he stated to reporters.
Before the verdict, Abeer Etefa, the Middle East spokesperson for the UN’s World Food Programme (WFP), stated that 530 WFP trucks have entered Gaza since the ceasefire commenced on 10 October.
The trucks delivered about 6,700 tonnes of food, which she stated was sufficient for nearly half a million individuals for two weeks.
Etefa stated that approximately 750 tonnes per day are already being delivered, much below the WFP’s objective of roughly 2,000 tonnes daily.
The ICJ stated that Israel, as an occupying authority, is obligated to “ensure the basic needs of the local population, including supplies essential for their survival.”
The court stated that Israel was simultaneously under a negative obligation to refrain from obstructing the delivery of these supplies.
The court reiterated the requirement under international law to refrain from employing hunger as a tactic of combat.
‘Grave apprehensions’
The UN requested the ICJ to elucidate Israel’s responsibilities as an occupying authority towards the UN and other entities, specifically to guarantee and facilitate the unimpeded delivery of urgently required supplies vital for the existence of Palestinians.
Judges of the ICJ examined a week’s worth of evidence in April from numerous nations and organisations, mainly concerning the status of UNRWA.
During the hearings, a US official expressed “serious concerns” over UNRWA’s impartiality and alleged that Hamas exploited the agency’s infrastructure.
US diplomat Josh Simmons stated that Israel has “no obligation to allow UNRWA to provide humanitarian assistance.”
Simmons stated that UNRWA was not the sole means of assisting in Gaza.
The ICJ observed that UNRWA “cannot be substituted on short notice without an appropriate transition plan.”
Hijazi stated during the April hearings that Israel was obstructing supplies as a “weapon of war,” resulting in famine in Gaza.
The lawsuit was distinct from the other matters Israel confronts under international law regarding its Gaza operations.
In July 2024, the ICJ rendered an advisory opinion declaring that Israel’s occupancy of the Palestinian territories is “unlawful” and must terminate expeditiously.
Judges of the ICJ are deliberating over allegations presented by South Africa, asserting that Israel has violated the 1948 UN Genocide Convention by its activities in Gaza.
The International Criminal Court in The Hague has issued arrest warrants for Israel’s Prime Minister Benjamin Netanyahu for purported war crimes and crimes against humanity.
A warrant was also issued for Hamas commander Mohammed Deif, whom Israel claims was killed in an airstrike.
