ICJ: Israel is obliged to facilitate the delivery of UN aid to Gaza

2025-10-22 21:52:00, Kosova & Bota CNA

The International Court of Justice (ICJ) said that Israel is obliged to facilitate the delivery of aid to Gaza, stressing that it must provide Palestinians with “basic needs” for survival. The ICJ ruling was immediately challenged by Israel.

The decision comes as humanitarian organizations are trying to increase emergency aid to Gaza, taking advantage of the fragile ceasefire reached earlier this month.

The ICJ's advisory opinion is not legally binding, but the court believes it "has great legal weight and moral authority."

The President of the ICJ, Yuji Iwasawa, said that Israel "is obliged to comply with and facilitate the aid programs provided by the United Nations and its agencies."

This includes UNRWA, the UN agency for Palestinian refugees, which Israel has suspended after accusing several members of the agency's staff of participating in the October 7, 2023 attack that Hamas - the Palestinian group designated a terrorist organization by the United States and the European Union - carried out on Israel, inciting the war in Gaza.

The ICJ ruled that Israel had not supported these allegations with evidence.

Israel did not participate in the proceedings at the ICJ and reacted sharply to the court's decision.

"Israel categorically rejects the ICJ's 'advisory opinion', which was completely predictable regarding UNRWA ," Israeli Foreign Ministry spokesman Oren Marmorstein said in a post on X.

"This is the next political attempt to impose political measures against Israel under the guise of 'international law'."

Iwasawa said the ICJ "rejects the argument that the request misuses and politicizes the international judicial process."

Before the decision, Abeer Etefa, Middle East spokeswoman for the UN World Food Programme (WFP), said that 530 WFP trucks had entered Gaza since the ceasefire began on October 10.

The trucks had delivered more than 6,700 tons of food, which she said is "enough for almost half a million people for two weeks."

Etefa said that about 750 tons per day are currently being received, far less than the WFP target of approximately 2,000 tons of food per day.

The ICJ stated that Israel, as an occupying power, has the obligation “to provide for the basic needs of the local population, including supplies essential for its survival.”

Israel "also has an obligation not to obstruct the supply of this aid," the court said.

The Court also recalled the obligation under international law not to use starvation as a method of warfare.

The UN had asked the ICJ to clarify Israel's obligations, as an occupying power, to the UN and other bodies "including ensuring and facilitating the unhindered supply of urgently needed assistance for the survival" of the Palestinians.

ICJ judges heard a week of testimony in April from dozens of states and organizations, most of which focused on the status of UNRWA.

During the hearings, a US official expressed "serious concerns" about UNRWA's impartiality and alleged that Hamas had used the agency's facilities.

US official Josh Simmons said Israel "has no obligation to allow, let alone UNRWA, to provide humanitarian assistance."

Simmons added that UNRWA is not the only option for delivering aid to Gaza. However, the ICJ stressed that UNRWA “cannot be replaced in the short term without an appropriate transition plan.”

The case was separate from other issues facing Israel, under international law, over its campaign in Gaza.

In July 2024, the ICJ published another advisory opinion, stating that the Israeli occupation of the Palestinian territories was “illegal” and should end as soon as possible.

ICJ judges are also examining allegations raised by South Africa that Israel has violated the 1948 UN Genocide Convention with its actions in the Gaza Strip.

Another court in The Hague, the International Criminal Court (ICC), has issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu for war crimes and crimes against humanity. /REL