What we learned from the ICJ session on Israel’s Gaza obligations

The International Court of Justice (ICJ) on Monday started its hearings, expected to last five days, centred on Israel's obligations to Palestinians in Gaza amid growing malnutrition, bombardment, and the continued blockade on the enclave.

The hearings, taking place in The Hague, will also look at the Israeli government’s block on the UN refugee agency, UNRWA’s, work since October, with fears of mass starvation in Gaza due to the siege.

Israel faces accusations of violating international law by refusing to let aid in, with dozens of nations presenting arguments at the hearings.

Countries including the UK, Germany, and France have all urged Israel to abide by international laws by allowing aid to enter the Strip in recent weeks, however, Israeli officials have doubled down on prohibiting urgent assistance from entering.

While advisory opinions of the ICJ carry legal and political weight, they are not binding, and the court does not have enforcement powers.

After the hearings, the World Court will likely take several months to form its opinion.

What to expect

This week, the ICJ will hear arguments from representatives from the UN, the Palestinian Authority, and around 40 other countries, as well as several international organisations.

The League of Arab States, the Organisation of Islamic Cooperation, and the African Union will also be present.

The representatives will all be directing their arguments to a 15-judge panel, presided over by a judge, where they will discuss the legitimacy and consequences of Israel’s actions against UNRWA.

The discussions will also focus on Israel’s broader obligations as an occupying power and a UN member state.

Israel, however, will not be participating in the oral proceedings but has submitted a written statement to the court.

What has happened so far?

Today, UN Legal Team spokeswoman Eleanor Hammarskjold issued a statement saying that the UN Secretary General is working continually to achieve peace and stop the ongoing suffering in Gaza.

She noted that no humanitarian aid had entered Gaza since 2 March, calling on all parties to abide by international humanitarian law.

Hammarskjold further spoke about how the Israeli government has made it difficult for UNRWA to operate due to restrictions imposed, highlighting several articles in the Geneva Conventions that Israel is breaching.

She added that the court should give an advisory opinion regarding Israel’s obstruction of aid.

Ammar Hijazi, the ambassador for the State of Palestine, described how Palestinians are being bombed, starved, and displaced.

He added that while the court has in previous years ruled at least three times on matters regarding Israel’s actions, Israel has continued to violate resolutions.

Hijazi also spoke about the International Criminal Court (ICC) decision to issue arrest warrants against Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Galant.

Speaking about Israeli attacks, he presented a series of photos showing how aid workers and medics have been systematically killed.

"Nine of every 10 Palestinians have no access to safe drinking water. Storage facilities of the UN and other international agencies are empty," Hijazi added.

"These are the facts. Starvation is here. Humanitarian aid is being used as a weapon of war," he continued.

He ended by calling on the judges to assess the erasure and displacement of Palestinians.

"Nine of every 10 Palestinians have no access to safe drinking water. Storage facilities of the UN and other international agencies are empty," he said.

Paul Barker, a representative from the Palestinian legal team, spoke on Israel shattering the ceasefire agreement, which lasted six weeks, as well as recalling statements from ministers who stated that the enemy is "not just Hamas, but all the civilian population in Gaza".

Another representative from the Palestinian legal team spoke about how Israel’s violations of international laws started before 7 October 2023. She highlighted key points in history, such as the 1948 Nakba, as well as Israeli efforts to turn Gaza into a "wasteland" by making it uninhabitable.

How has Israel responded?

Israel's Foreign Minister, Gideon Saar, issued a statement from Jerusalem denouncing the proceedings.

"This case is part of a systematic persecution and delegitimisation of Israel," Saar claimed, accusing the court of political bias and repeating allegations that the UN had failed to root out supposed Hamas affiliates within UNRWA.

"They are abusing the court once again to try and force Israel to cooperate with an organisation that is infested with Hamas terrorists," he said.
"It is not Israel that should be on trial. It is the UN and UNRWA."

Despite these accusations, human rights groups and international legal experts argue that the overwhelming humanitarian catastrophe unfolding in Gaza demands urgent judicial scrutiny.

The current blockade has left over two million Palestinians, the majority of them children, facing hunger, disease, and displacement.