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

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.”