ICJ rules Israel ‘under obligation’ to allow aid in besieged Gaza

The wide-ranging was quickly rejected by Israel.


The International Court of Justice (ICJ) has ruled that Israel must allow aid into Gaza, and its restrictions on doing so over the past two years have put it in breach of its obligations.

The UN’s top court in The Hague issued the stinging Advisory Opinion on Wednesday.

Advisory

ICJ President Yuji Iwasawa said Israel was “under an obligation to agree to and facilitate relief schemes provided by the United Nations and its entities”.

The ICJ also found that Israel had a duty not to impede the supply of aid by UN organisations, including the beleaguered UN Palestinian relief agency UNRWA, which has been in effect banned from the territory since January.

“The court is of the opinion that the State of Israel, as an occupying power, is required to fulfil its obligations under international humanitarian law,” the ICJ said.

“These obligations include ensuring that the population of the Occupied Palestinian Territory has the essential supplies of daily life, including food, water, clothing, bedding, shelter, fuel, medical supplies and services.”

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Human rights

The court also ruled by ten votes to one to uphold human rights.

“It is the opinion that, as an occupying power, the State of Israel has an obligation under international human rights law to respect, protect and fulfil the human rights of the population of the Occupied Palestinian Territory, including through the presence and activities of the United Nations, other international organizations and third States, in and in relation to the Occupied Palestinian Territory.”

Israel rejects advisory

The wide-ranging ICJ ruling, which was quickly rejected by Israel, came as aid groups scrambled to scale up much-needed humanitarian assistance into Gaza, seizing upon a fragile ceasefire agreed earlier this month.

The ICJ ruled that Israel had not substantiated the allegations. Israel did not take part in the proceedings and hit back at the findings.

“Israel categorically rejects the ICJ’s ‘advisory opinion,’ which was entirely predictable from the outset regarding UNRWA,” foreign ministry spokesman Oren Marmorstein posted on X.

“This is yet another political attempt to impose political measures against Israel under the guise of ‘International Law.'”

Israel’s war

Iwasawa said the ICJ “rejects the argument that the request abuses and weaponises the international judicial process”.

While the UN’s top court’s “advisory opinion” is not legally binding, the ICJ believes it carries “great legal weight and moral authority”.

Israel’s war on Gaza has killed at least 68 234 people and wounded 170 373 since October 2023. A total of 1 139 people were killed in Israel during the October 7, 2023, attacks, and about 200 were taken captive.

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