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ICJ outlines Israel’s legal duties as an occupying power in Gaza

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The International Court of Justice has reminded Israel of its responsibilities in Gaza as an occupying power. The International Court of Justice (ICJ) announced that Israel, as an occupying power, has a legal responsibility to facilitate the delivery of humanitarian aid to the Gaza Strip and to meet the basic needs of Palestinian civilians.

In its advisory opinion, which is non-binding but carries significant diplomatic weight, the United Nations’ (UN) highest judicial body also noted that there was no finding to confirm Israel’s allegations that the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) had lost its neutrality or that a significant portion of its staff were members of Hamas or other armed groups.

The process began when the UN General Assembly requested an advisory opinion from the ICJ in December. The General Assembly asked the Court to assess Israel’s obligations as an occupying power and a UN member towards UN bodies operating in the occupied West Bank, including East Jerusalem, and Gaza.

This request followed the Israeli Knesset’s passage of laws banning all UNRWA activities within the country’s territory and any contact with Israeli officials.

The ICJ was also asked to address Israel’s obligation to ensure the unimpeded delivery of essential supplies to Palestinian civilians.

The fundamental responsibilities of the occupying power were listed one by one

ICJ President Yuji Iwasawa, reading the advisory opinion in The Hague, reported that the panel of 11 international judges unanimously agreed that Israel must fulfill its obligations under international humanitarian law.

Iwasawa stated that the first obligation is “to provide the population living in the occupied Palestinian territory with the necessary supplies for daily life, including food, water, clothing, bedding, shelter, fuel, medical supplies, and services.”

He expressed that the second obligation is “to accept and facilitate, with all available means, relief programs conducted on behalf of the population of the occupied Palestinian territory, as long as the population is inadequately supplied, as is the case in the Gaza Strip.”

Other obligations include respecting the prohibition of forced displacement from the occupied territories and the use of starvation of civilians as a method of warfare.

The obligation to respect and cooperate with UN institutions

Judge Iwasawa emphasized that Israel is also obligated “to cooperate in good faith with the United Nations, including UNRWA, and to provide all necessary assistance in every action it takes under the UN Charter.”

Iwasawa added that Israel is responsible for “fully respecting the privileges and immunities granted to the United Nations and its officials” and “respecting the inviolability of UN premises and the immunity of the organization’s property and assets from any form of interference.”

The UN welcomed the decision, while Israel rejected it

In Geneva, when asked about the matter, UN Secretary-General António Guterres said, “This is a very important decision. I hope Israel will comply with it.” Guterres noted that the opinion comes at a time when the UN is mobilizing all its resources to increase the flow of aid to Gaza.

UNRWA Commissioner-General Philippe Lazzarini also described the opinion as “clear and explicit.”

On the other hand, the Israeli Ministry of Foreign Affairs issued a statement rejecting the advisory opinion. The statement alleged that the ICJ’s findings were an attempt to impose political sanctions on Israel. The ministry claimed that “the ICJ opinion aims to harm Israel” and asserted that Tel Aviv fully complies with its international law obligations.

No evidence was found for Israel’s claims against UNRWA

Israel alleges that UNRWA personnel participated in the Hamas-led attack on October 7, 2023, and that the agency employs more than 1,400 “Hamas operatives.”

The UN announced last year that, following its investigations, it had dismissed nine UNRWA employees for whom there was evidence of possible involvement in the attack, while 10 other staff members were cleared due to insufficient evidence.

Judge Iwasawa reported that the information available to the ICJ “is not sufficient to conclude that UNRWA lacks neutrality” and that Israel could not substantiate its claim that “a significant portion of UNRWA employees are members of Hamas or other terrorist groups.”

The Palestinian Ministry of Foreign Affairs stated that the advisory opinion clearly demonstrates that “Israel must immediately end these illegal policies and that states are obligated to compel Israel to comply with these obligations.”

The ministry added, “Israel must immediately lift its unlawful ban on UNRWA and allow all international organizations invited by Palestine to operate freely and safely.”

Middle East

US waives human rights terms on $320m military aid to Egypt

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The US State Department stated that it has waived human rights conditions on more than $300 million in military aid to Egypt.

The statement emphasised that this decision was taken in consideration of Cairo’s “helpful role” since the outbreak of the war against Iran.

Egypt began receiving substantial support from the US after signing a peace treaty with Israel in 1979.

Since the late 1980s, the country has received approximately $1.3 billion annually in US military assistance.

A portion of this aid is subject to conditions related to human rights and democracy, which can be waived on national security grounds.

Withholding funds, including during the administration of former US President Joe Biden, has caused tension between Cairo and Washington in the past.

A letter dated 21 September and addressed to various congressional committees, obtained by Reuters, stated that Secretary of State Marco Rubio “decided to waive the certification requirement under the fiscal year 2025 Foreign Military Financing programme for Egypt of $320 million.”

This waiver was subsequently confirmed by the State Department.

An accompanying memorandum justifying the decision stated that this portion of military aid was “essential for counterterrorism, border security, or non-proliferation programmes, or otherwise important to the national security interests of the United States.”

The memorandum, dated 4 September and bearing Rubio’s signature, stated: “Exercising this waiver authority is critical to the US-Egypt relationship and to US national security priorities, particularly given the helpful role Egypt has played in the aftermath of Operation Epic Fury.”

“Operation Epic Fury” is the designation used by the US military for the campaign launched jointly with Israel against Iran in late February.

The State Department memorandum, whose authenticity was confirmed by two sources in Washington familiar with the letter, did not provide detailed information regarding what was termed Egypt’s “helpful role”.

The State Department’s annual decision on military aid to Egypt typically covers funds allocated for the preceding fiscal year, which ends on 30 September.

A State Department spokesperson stated that Rubio waived the certification in the interest of US national security and that the US continues to cooperate with the Egyptian government across a range of issues.

In an emailed statement, the spokesperson said: “This waiver recognizes the importance of maintaining security cooperation with Egypt at a time of significant security challenges in the region.”

The Egyptian Ministry of Foreign Affairs did not immediately comment on the matter.

The spillover effects of the Iran war have imposed a heavy toll on US security partners, including Egypt.

Owing to rising fuel prices and other disruptions, the Egyptian economy is passing through a difficult period.

Under the Biden administration, the US withheld portions of the annual military allocation on multiple occasions over Egypt’s human rights record.

In 2024, following the Hamas-led 7 October attack on Israel and the subsequent war in Gaza, the Biden administration set aside human rights conditions, disbursing the entire $1.3 billion allocation to Egypt for the first time in its tenure.

Human rights organisations have long accused Egypt, under the administration of President Abdel Fattah al-Sisi, of widespread human rights abuses, including torture and enforced disappearances.

This week, Egyptian police detained six journalists from a fact-checking and investigative media outlet, accusing them of spreading false information on behalf of the banned Muslim Brotherhood.

Egyptian authorities state that they have taken steps to address human rights issues. Sisi said stability is paramount and that the government supports human rights by working to provide for basic needs.

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Britain expands curbs on arms exports to Israel over Gaza risks

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Britain has significantly broadened its military export restrictions targeting Israel, suspending or rejecting more than 80 licences for items the IDF could use in Gaza.

This figure is nearly triple the number affected when the policy was first introduced in September 2024.

United Kingdom Minister of State for the Middle East Stephen Doughty said that as part of what he described as a “tighter system” for assessing exports to Israel, more than 50 further export applications have been refused since approximately 30 licences were initially suspended.

Under the initial decision taken in September 2024, 30 of roughly 350 licences were suspended after the British government concluded there was a “clear risk” that certain military exports could be used to commit or facilitate serious violations of international humanitarian law in Gaza.

The affected equipment included components for military aircraft, drones, naval systems, and targeting gear.

Doughty said additional measures adopted this month established what he termed a “double safeguard” mechanism within the approvals process.

Export applications must now be assessed both against existing international humanitarian law criteria and in light of Britain’s position on the legality of Israel’s presence in the Palestinian territories.

“We have so far suspended or refused more than 80 licences,” Doughty said, adding that he had personally examined each licence.

Despite the wider restrictions, British-origin parts entering the international F-35 fighter jet supply chain continue to be largely exempt.

The UK government argues that preventing British-made components from entering the global F-35 pool could undermine the programme as a whole and have serious consequences for the security of the UK and its allies.

Direct exports of F-35 parts intended specifically for Israel remain suspended.

Doughty defended maintaining the supply of components via the international programme, arguing that halting it could have severe ramifications for the broader European and allied security architecture.

Foreign Affairs Committee Chair Emily Thornberry challenged this position, arguing that the issue was political rather than purely legal.

Thornberry suggested adopting an approach similar to the Dutch model, under which components entering the international supply chain could be flagged as “not intended for aircraft bound for Israel”.

The initial suspension was implemented in September 2024 by then Foreign Secretary David Lammy.

Lammy stressed at the time that the measure did not constitute an arms embargo and applied solely to items assessed as usable in military operations in Gaza.

Since then, the policy has been tightened further under Prime Minister Andy Burnham.

The expanded export restrictions follow the Burnham government’s adoption of a more confrontational policy toward the Israeli government.

Foreign Secretary Ed Miliband drew sustained applause at the Labour Party’s annual conference in Liverpool after delivering a sharp critique of the Netanyahu government’s policies and defending the decision to ban trade with Israeli settlements in the West Bank.

Accusing Israel of committing war crimes in Gaza, Miliband stated that the British government heard public outrage over the conflict, telling delegates: “We hear you. You were right.”

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Middle East

Netanyahu holds secret UAE talks with Saudi Arabia and Arab officials

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Israeli Prime Minister Benjamin Netanyahu met with representatives of Gulf and Arab nations that lack diplomatic ties with Israel, including Saudi Arabia, during his weekend visit to the United Arab Emirates.

Sources close to the gathering told the Israeli newspaper Yedioth Ahronoth on Monday that representatives from Morocco, Libya, Jordan, and Qatar also took part in the meeting.

Netanyahu made a unannounced visit to Abu Dhabi on Sunday, where he met with the country’s leader, Mohammed bin Zayed Al Nahyan.

According to Israeli media, this marked the first time the United Arab Emirates officially confirmed a visit by Netanyahu.

The meeting was arranged by Mossad Director Roman Goffman “at the request of Saudi Arabia, which asked for Israel’s assistance against Houthi attacks in the Red Sea region,” according to Yedioth Ahronoth.

The discussions addressed Iran and the Houthi militia. The newspaper added that the Arab states heard from Israel that “Israel is prepared to assist countries in the region with air defence systems, just as it aided the UAE during the conflict with Iran.”

Conflict in Yemen intensified in September when Ansarullah militiamen launched a rapid offensive that seized Yemen’s entire Red Sea coastline, including the vital maritime corridor of the Bab el-Mandeb Strait.

The Yemeni resistance also imposed a blockade on Saudi Arabia’s energy exports and staged multiple attacks against the kingdom.

Saudi Arabia reportedly sought military assistance from the US to counter Ansarullah.

Washington declined to attack the Houthis directly, but announced that it would provide intelligence and targeting support.

Reporting on the same visit, The Jerusalem Post said Netanyahu spent six hours in the UAE and that the principal subject of his discussions with MBZ was Iran.

Citing sources familiar with the matter, the newspaper added that the trip came “after Netanyahu exerted heavy pressure on the United Arab Emirates to arrange a meeting ahead of the Israeli elections on 27 October.”

Separately, the Associated Press, citing a person with direct knowledge of the meeting, reported that Netanyahu’s visit to the UAE was arranged in part to ask MBZ to deny reports that he had warned the Israeli prime minister of an impending Hamas threat prior to 7 October 2023.

According to Israeli media, Netanyahu’s office denied the AP report, issuing the following statement:

“Fake news. The visit focused solely on strengthening ties between the two countries and on regional issues.”

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