Israel must permit the delivery of aid into Gaza, and its limitations on doing so over the past two years have violated its obligations, the highest court of the United Nations has determined.
The critical advisory opinion issued by the International Court of Justice (ICJ) in The Hague also stated that Israel bears a responsibility not to obstruct aid efforts by UN agencies, including the besieged UN Palestinian relief organization Unrwa, which has been effectively barred from the region since January.
The court concluded that Israel had failed to provide sufficient evidence to justify severing ties with Unrwa on the claim that it was not an impartial body under the Geneva conventions.
Instead, the court found that Unrwa is central to all humanitarian operations in Gaza, requiring Israel to engage with the agency in good faith.
The ruling that Israel has breached the UN’s privileges under the UN charter and disregarded its humanitarian duties as an occupying power under the Geneva conventions is expected to intensify demands for Israel’s suspension from the UN.
Some nations may also argue that UN Secretary-General António Guterres should seek reparations from Israel for violating the protections of UN facilities and personnel in occupied Palestinian territories through military actions and cutting cooperation with Unrwa. Israel has previously compensated for similar violations nearly four decades ago.
Israel rejected the ICJ’s findings. In a statement on social media platform X, its foreign ministry dismissed the court’s conclusions, asserting that Israel "fully upholds its obligations under international law."
The ICJ issued its decision after the UN General Assembly requested an advisory opinion in December, prompted by Israel’s parliament ending all collaboration with Unrwa in October, alleging the agency was irreversibly compromised by Hamas in Gaza. Unrwa denies these accusations, and the court ruled that Israel had not “substantiated the allegations,” according to ICJ President Yuji Iwasawa.
The findings—which included a conclusion that humanitarian conditions in Gaza remain dire and significant casualties have occurred—took over an hour to announce. The judges largely supported the opinion by a vote of 10 to one.
Norway, which initiated the UN proceedings, stated it would push for a resolution at the General Assembly reflecting the court’s critical conclusions.
Andreas Kravik, Norway’s deputy foreign minister, said: “Norway has long maintained that Israel must enable aid delivery to Palestinians in Gaza and the West Bank, ensuring UN agencies and third parties can provide critical assistance. This ICJ ruling affirms the UN’s role in aid distribution, aligning with established agreements. We expect Israel to comply, allowing unimpeded humanitarian access.”
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