The International Court of Justice (ICJ) issued an advisory opinion on Wednesday stating that Israel is obligated to permit the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) to provide humanitarian assistance in Gaza. This ruling comes amid ongoing humanitarian crises in the region and follows a request from the U.N. General Assembly last year for clarification on Israel's legal responsibilities regarding aid access.
The court's president, Yuji Iwasawa, emphasized that Israel must facilitate relief efforts from the U.N. and its agencies, including UNRWA. "As an occupying power, Israel is obliged to ensure the basic needs of the local population, including the supplies essential for their survival," Iwasawa stated.
Although advisory opinions from the ICJ carry significant legal weight, they are not binding, and the court lacks enforcement capabilities. Israel's foreign ministry responded to the ruling by rejecting the findings, asserting that the country complies with international law. The ministry reiterated its stance that UNRWA is compromised, claiming that some of its employees are affiliated with Hamas, a claim the ICJ judges found unsubstantiated.
Israel has effectively barred UNRWA from operating in Gaza since January, citing security concerns. The country has accused Hamas of misappropriating aid, while humanitarian organizations have reported severe shortages of essential supplies in the territory. In April, representatives from the U.N. and Palestinian authorities accused Israel of violating international law by restricting aid access from March to May. Although some aid has since been allowed, U.N. officials indicate that it falls far short of what is necessary to address the humanitarian crisis.
The advisory opinion arrives as a fragile ceasefire agreement, brokered by the U.S. and effective since October 10, continues to hold. Under this agreement, 600 trucks of humanitarian aid are permitted to enter Gaza daily. However, the situation remains precarious, with reports of renewed violence and accusations from Israel that Hamas has been stealing food supplies.
The ICJ's advisory opinion is expected to have broader implications for U.N. operations globally. Experts suggest that it reinforces the necessity for states to comply with U.N. mandates. The U.N. General Assembly had sought the ICJ's guidance on Israel's obligations to ensure the unhindered provision of essential supplies to the Palestinian civilian population.
In previous advisory opinions, the ICJ has ruled against Israeli policies, including a 2022 finding that deemed Israel's occupation of Palestinian territories illegal. The court's decisions have often been met with criticism from Israeli officials, who argue that they do not adequately consider Israel's security concerns.
The ongoing conflict in Gaza has resulted in significant casualties, with reports indicating that over 68,000 people have died since the escalation began following Hamas's surprise attack on Israel. The humanitarian situation continues to deteriorate, prompting calls for increased international intervention and support for the affected populations.