Dhaka: The International Court of Justice (ICJ) declared on Wednesday that Israel is obligated to facilitate the passage of aid into Gaza, emphasizing the necessity of providing Palestinians with essential “basic needs” for survival.
According to Bangladesh Sangbad Sangstha, the extensive ICJ ruling arrives at a time when aid organizations are striving to increase vital humanitarian assistance into Gaza, following a fragile ceasefire agreed upon earlier this month. The ICJ’s “Advisory Opinion,” while not legally binding, is considered to carry significant “legal weight and moral authority” by the court.
ICJ President Yuji Iwasawa stated that Israel is “under an obligation to agree to and facilitate relief schemes provided by the United Nations and its entities.” This includes UNRWA, the UN agency for Palestinian refugees, which Israel has banned following accusations that some of its staff participated in the October 7, 2023, Hamas attack that initiated the conflict. The ICJ ruled that Israel had not substantiated these allegations.
Although Israel abstained from participating in the proceedings, an official remarked to journalists before the hearing that the case represented “an abuse of international law.” The official further stated that Israel “cooperates with international organizations, with other UN agencies regarding Gaza. But Israel will not cooperate with UNRWA.”
Iwasawa clarified that the ICJ “rejects the argument that the request abuses and weaponizes the international judicial process.”
On the eve of the ICJ ruling, Abeer Etefa, the Middle East spokeswoman for the UN’s World Food Programme (WFP), reported that 530 of the organization’s trucks had entered Gaza since the ceasefire, delivering over 6,700 tonnes of food, sufficient for nearly half a million people for two weeks. Etefa noted that approximately 750 tonnes are now arriving daily, which, while an increase from pre-ceasefire levels, is still below WFP’s target of around 2,000 tonnes daily.
The ICJ remarked that Israel, as an occupying power, has an obligation “to ensure the basic needs of the local population, including the supplies essential for their survival.” Additionally, Israel is “under a negative obligation not to impede the provision of these supplies,” according to the court. The court also highlighted the obligation under international law to avoid using starvation as a method of warfare.
The UN requested the ICJ to clarify Israel’s obligations as an occupying power towards UN and other bodies, specifically to “ensure and facilitate the unhindered provision of urgently needed supplies essential to the survival” of Palestinians.
During the ICJ hearings in April, where evidence from dozens of nations and organizations was presented, a US official expressed “serious concerns” about UNRWA’s impartiality and alleged that Hamas utilized the agency’s facilities. US official Josh Simmons stated that Israel had “no obligation to permit UNRWA specifically to provide humanitarian assistance” and noted that UNRWA was not the only available option for delivering aid into Gaza. However, the ICJ highlighted that UNRWA “cannot be replaced on short notice without a proper transition plan.”
Palestinian official Ammar Hijazi informed the ICJ judges during the April hearings that Israel was obstructing aid as a “weapon of war,” leading to starvation in Gaza.
Wednesday’s case is distinct from other cases Israel faces under international law concerning its actions in Gaza. In July 2024, the ICJ issued another advisory opinion declaring Israel’s occupation of the Palestinian territories “unlawful” and urging its end as soon as possible. Additionally, ICJ judges are considering accusations, brought by South Africa, that Israel violated the 1948 UN Genocide Convention with its actions in Gaza.
Another court in The Hague, the International Criminal Court, has issued arrest warrants for Israel’s Prime Minister Benjamin Netanyahu for alleged war crimes and crimes against humanity. It also issued a warrant for Hamas commander Mohammed Deif, whom Israel claims was killed in an airstrike.