The International Court of Justice (ICJ) has issued an advisory opinion stating that Israel must ensure the delivery of humanitarian aid to the civilian population in the Gaza Strip. This ruling, delivered by a panel of 11 judges, emphasizes Israel’s obligations as an occupying power to meet the basic needs of the population, including essential supplies such as food, water, shelter, fuel, and medical services.
Yuji Iwasawa, the presiding judge, highlighted the importance of Israel’s role in supporting relief efforts led by the United Nations and its associated agencies, specifically the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). While ICJ advisory opinions carry significant legal and political weight, they are not binding and lack enforcement mechanisms.
The advisory opinion was requested by the UN General Assembly in December 2023 and aims to clarify the protections that states must provide for UN personnel. The impact of this ruling is expected to extend beyond the ongoing conflict in Gaza.
Israel’s foreign ministry responded to the ICJ’s findings with a statement categorically rejecting the court’s conclusions. The ministry asserted that “Israel fully upholds its obligations under international law” and criticized the UN for not thoroughly investigating claims of Hamas infiltration within UNRWA. Israel had previously prohibited UNRWA from operating in Gaza, alleging that some of its employees had ties to militant groups.
In its findings, the ICJ determined that Israel had not adequately substantiated its claims regarding the alleged membership of UNRWA employees in Hamas. This ruling comes in the wake of accusations from UN and Palestinian representatives that Israel violated international law by blocking aid access to Gaza between March and May 2024. During that period, Israel imposed a complete blockade, claiming that Hamas was stealing aid supplies.
Despite some humanitarian aid being permitted into Gaza since then, UN officials have stated that the amount remains insufficient to alleviate a dire humanitarian crisis, which has been described as reaching the threshold of famine. A recent ceasefire agreement called for the admission of 600 trucks of aid per day into Gaza; however, the UN reports that far fewer trucks have been allowed in.
The ICJ opinion stressed that the people of Gaza are inadequately supplied and reiterated that Israel cannot use starvation as a method of warfare. Paul Reichler, a lawyer representing the Palestinians, remarked that the court’s findings indicate Israel’s non-compliance with international law. He pointed out the contradiction between the court’s ruling against starvation as a tactic of war and evidence suggesting that Israel has deliberately prevented essential food supplies from reaching the civilian population in Gaza.
UNRWA plays a crucial role in providing education and aid to millions of Palestinians and employs over 30,000 individuals. In August 2023, the UN reported that nine UNRWA staff members might have been involved in the October 7, 2023, assault by Hamas on Israel and were subsequently dismissed. Additionally, Israel claimed that another UNRWA employee who was killed in Gaza in October 2024 was a commander for Hamas.
The developments surrounding the ICJ’s advisory opinion underscore the complexities of the humanitarian situation in Gaza and the international community’s ongoing efforts to address the crisis.
