The International Court of Justice said on Wednesday that Israel must allow the U.N. aid agency in Gaza, known as UNRWA, to provide humanitarian assistance to the Palestinian territory.
The U.N. General Assembly had requested the Hague-based court last year to clarify Israel’s legal responsibilities after it barred UNRWA — the primary humanitarian agency operating in Gaza — from continuing its work there.
ICJ President Yuji Iwasawa stated that Israel is obligated to allow and support relief efforts by the United Nations and its agencies, including UNRWA.
Ceasefire to consider
The advisory opinion from the World Court comes as a fragile U.S.-brokered Gaza ceasefire agreement, which took effect on Oct. 10, continues to hold.
Israel has denied it has violated international law, saying the court's proceedings are biased, and the country didn't attend hearings in April. However, Israel provided a 38-page written submission for the court to consider.
In a written statement, the Israeli Ministry of Foreign Affairs rejected the opinion and said Israel “fully upholds its obligations under International Law.”
It added, in a reference to UNRWA, that Israel “will not cooperate with an organization that is infested with terror activities.”
UNRWA ban
The U.N. aid agency in Gaza has been effectively banned from the territory since January. UNRWA has faced criticism from Israeli Prime Minister Benjamin Netanyahu and his far-right allies, who say the group is deeply infiltrated by Hamas.
UNRWA rejects that claim, and the ICJ found that Israel hadn't “substantiated the allegations,” Iwasawa said.
The court also held that the population of the Gaza Strip had been “inadequately supplied,” and that Israel was required to ensure “the basic needs of the local population” are met.
Representatives of the Palestinians applauded the decision. Speaking to reporters after the hearing, Palestinian Ambassador to the Netherlands Ammar Hijazi said it was “clear, unequivocal and conclusive” and left Israel with “no pretext, no context, no excuse” to ban UNRWA.
In its written submission, Israel argued that the court should reject the request from the U.N. General Assembly, because it was too similar to other advisory opinions and the judges lacked the fact-finding abilities to make a determination.
Advisory opinion
In an advisory opinion last year, the court said that Israel’s presence in the occupied Palestinian territories is unlawful and called on it to end, and for settlement construction to stop immediately. That ruling fueled moves for unilateral recognition of a Palestinian state.
Israel condemned the decision, saying it failed to address the country’s security concerns.
Two decades ago, the court ruled that Israel’s West Bank separation barrier was “contrary to international law.” Israel boycotted those proceedings, saying they were politically motivated.
Advisory opinions carry significant legal weight, but are described as “nonbinding” as there are no direct penalties for ignoring them.
Wednesday opinion is separate from the ongoing proceedings initiated by South Africa, accusing Israel of committing genocide in Gaza. Israel rejects South Africa’s claim and accuses it of providing political cover for Hamas.
Arrest warrant for Netanyahu
Last year, another Hague-based tribunal, the International Criminal Court, issued arrest warrants for Netanyahu and his former defense minister, Yoav Gallant, alleging that the pair have used “starvation as a method of warfare” by restricting humanitarian aid and have intentionally targeted civilians — charges that Israeli officials strongly deny.
The advisory opinion from the ICJ noted that Israel “is not to use starvation of the civilian population as a method of warfare."
The opinion provides “strong legal support for the case against Netanyahu” said Tom Dannenbaum, professor of law at Stanford University.
The war in Gaza was triggered by Hamas’ surprise attack on southern Israel on Oct. 7, 2023, which left 1,200 people, mostly civilians, dead and 250 taken hostage. Israel’s retaliatory offensive in the Palestinian territory has killed more than 68,000 people, according to Gaza’s Health Ministry.
The ministry’s figures, which don't distinguish between civilians and combatants, are seen as the most reliable by U.N. agencies and independent experts. Israel has disputed them without providing its own toll.