The International Court of Justice (ICJ) warned this Wednesday that Israel’s “substantial blocking” of humanitarian support “over a significant period of time” had “catastrophic consequences” for the population in the Gaza Strip.
The UN court declared that it has the competence to rule “in a coherent manner” on Israel’s obligations as the occupying power of the Palestinian territoriesin relation to humanitarian agencies, such as the United Nations Relief and Works Agency for Palestine Refugees (UNRWA).
In its opinion, which is not legally binding, the court stated that Israel must meet the “basic needs” of the Gaza population, including providing them with everything they need to survive. It must “facilitate aid programs provided by the United Nations and its entities, including UNRWA”, highlighted the international judicial body, recalling Israel’s “obligation not to resort to starving the civilian population as a method of war”.
The ICJ also concluded that Israel had not proven that some UNRWA officials were members of the radical Palestinian movement Hamas, as Tel Aviv had accused in the past.
“O court finds that Israel did not substantiate allegations that a significant portion of UNRWA employees are members of Hamas (…) or other terrorist factions”, said the president of the ICJ, Yuji Iwasawa.
At the beginning of the public hearing, the president also made a point of highlighting that the court rejected Israeli accusations that it was “being exploited”.
“The court rejects the argument that the request constitutes an abuse or an instrumentalization of the international judicial process,” he declared.
The United Nations asked the court, based in the Dutch city of The Hague, to clarify Israel’s obligations as an occupying power before the UN and other bodies, “including with regard to guaranteeing and facilitating the unhindered supply of basic necessities essential to the survival” of Palestinians.
Iwasawa added that the court considers that the available information “enables it to decide legal issues in a manner consistent with its judicial function.”
In April, the judges spent a week hearing testimony from dozens of countries and organizations, many of which related to the UNRWA charter.
Israel did not participate in the hearings and Foreign Minister Gideon Saar described them as “part of a systematic persecution and delegitimization of Israel.”
The Israeli Government banned UNRWA from operating in the territory and reduced activities in Gaza and the occupied West Bank, after accusing some employees of UN agencies of being involved in the Hamas attack on October 7, 2023 that triggered the war in the Gaza Strip.
Benjamin Netanhayu’s executive considered that cooperating with UNRWA was “accepting a serious risk” to Israel’s security.
The UN investigated these allegations and noted that nine staff members may be implicated, but made it clear that it could not independently verify the evidence provided by Israel.
During the hearings last April, the UN recalled that Israel is obliged to “accept and facilitate” humanitarian assistance and that “if it doubts the impartiality” of an agency it cannot block it without first dialoging with the organizations involved.
Although the ICJ opinion is not legally binding, the political and symbolic weight increases international pressure on Israel, with the UN warning of a flow of food aid to Gaza that is still “much lower than necessary” and that humanitarian convoys continue to be delayed or blocked at crossing points into Gaza.