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ICJ rule on Israel's aid obligations to Palestinians

ICJ rule on Israel's aid obligations to Palestinians
MENA
3 min read
In April lawyers for the United Nations and Palestinian representatives at the ICJ accused Israel of breaking international law by refusing to let aid into Gaza
Advisory opinions of the ICJ, also known as the World Court, carry legal and political weight, but they are not binding [Getty]

The United Nations' top legal body, the International Court of Justice, will issue an advisory opinion on Wednesday on what Israel's obligations are to UN and other aid organisations trying to work in Gaza and the West Bank.

The opinion, which was requested by the UN General Assembly in December, will be closely watched as it could have effects beyond the Gaza conflict. It is expected to address the protections states must provide for UN staff worldwide.

Advisory opinions of the ICJ, also known as the World Court, carry legal and political weight, but they are not binding and the court has no enforcement power.

In April this year lawyers for the United Nations and Palestinian representatives at the ICJ accused Israel of breaking international law by refusing to let aid into Gaza between March and May. Since then some humanitarian aid has been allowed in but UN officials say the relief is nowhere near what is needed to ease a humanitarian disaster.

The 20-point ceasefire plan mediated by the US earlier this month allows for 600 trucks of aid a day into Gaza. Israel has previously accused Hamas of stealing food delivered into the enclave, claims which it denies and which have been disproven in subsequent reportage

Israel has also said the aid restriction was to put pressure on the militant group, which aid groups and rights organisations have said amounts to using starvation as a weapon of war, which is a war crime. Israeli Prime Minister Benjamin Netanyahu was issued an arrest warrant by the ICC on war crimes allegations, which include the use of starvation as a weapon of war.

Israel did not appear before the ICJ in hearings but did submit its legal position in writing. In April, Israeli Foreign Minister Gideon Saar dismissed the hearings as a "circus" and said the court was being politicised.

The request for an ICJ opinion was prompted by a 2023 Israeli law that banned UN Palestinian refugee agency UNRWA from operating in the country, as it said the organisation had employed members of Hamas who took part in the attacks on Israel on 7 October 2023.

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The UN said in August last year that nine UNRWA staff may have been involved in the Hamas assault and had been fired. Another Hamas commander, confirmed by UNRWA as one of its employees, was killed in Gaza in October 2024, according to Israel.

In an earlier 2024 advisory opinion, the ICJ found that Israel's occupation of Palestinian territories is illegal and should end immediately. The court also said that Israel had human rights obligations to the Palestinians because of its position as an occupying power.

The court will start reading its decision at 3 p.m. (1300 GMT).