Israel obliged to allow aid to flow to Occupied Palestinian Territory, says World Court

Israel obliged to allow aid to flow to Occupied Palestinian Territory, says World Court
Israel obliged to allow aid to flow to Occupied Palestinian Territory, says World Court

In a detailed advisory opinion requested by the General Assembly, the UN top court determined that Israel must “ensure that the people of the Occupied Palestinian Territory (OPT) have the essential supplies for daily living, including food, water, clothing, bedding, shelter, fuel, medical supplies and services.

The court called on Israel to also “respect and protect” all humanitarian workers, staff and medical facilities.

By ten votes to one, the judges also held that Israel “has an obligation” to cooperate in good faith with the UN, “providing full assistance in any action it undertakes in accordance with the Charter of the United Nations,” including to the Palestinian refugee aid agency, UNRWA.

UN Secretary-General António Guterres described the ICJ opinion as “very important”, adding that it came at a time when the UN is doing everything it can to increase aid to Gaza following the ceasefire.

The opinion, requested in December 2024, addresses Israel’s obligations in relations with the UN and other international organizations and countries in charge of humanitarian operations in Palestine.

As a sign of the level of international engagement in the case, 45 States and organizations submitted written statements and 39 presented oral arguments during hearings held from April 28 to May 2, 2025.

Why the court is important

The ICJ, based in The Hague, is the main judicial body of the United Nations.

Resolves legal disputes between States and issues advisory opinions at the request of UN bodies.

The opinions are not legally binding, but they carry significant moral and legal authority and often guide international policy and practice.

Bound by international law

The ICJ held that Israel is obliged under international humanitarian law and human rights law to respect and protect civilians in the OPT, ensuring that humanitarian workers and medical facilities are safeguarded and that no civilian is forcibly transferred or deprived of food.

Ten of the eleven judges agreed that Israel must respect the privileges and immunities of the UN and its officials, in accordance with the UN Charter. This includes “the inviolability” of all UN facilities, including those managed by UNRWA.

Vice President Julia Sebutinde of Uganda cast the only dissenting vote in several sections.

The ICJ also reaffirmed Israel’s obligation to allow the International Committee of the Red Cross (ICRC) access to detainees in the OPT and to “respect the prohibition of starving the civilian population as a method of war.

Israel’s Foreign Ministry said in a social media post that it “categorically rejects” the ICJ’s advisory opinion, describing it as “yet another political attempt to impose political measures against Israel.”

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