ICJ Rules: Israel Must Allow UNRWA to Deliver Humanitarian Aid to Gaza

Israel has not permitted UNRWA to deliver supplies since March. (File)

The International Court of Justice ruled on Wednesday that Israel must allow UNRWA, the UN aid agency, to provide humanitarian assistance to Gaza.

The Hague-based tribunal was responding to a request from the UN General Assembly to determine Israel's legal obligations after legislation effectively banned UNRWA, Gaza's primary aid provider, from operating in the territory.

ICJ President Yuji Iwasawa stated that Israel "is under the obligation to agree to and facilitate relief schemes provided by the United Nations and its entities, including UNRWA."

Since March, Israel has blocked UNRWA from bringing in supplies. Despite this, the agency continues functioning in Gaza, operating health centers, mobile medical teams, sanitation services, and educational programs. UNRWA reports 6,000 trucks of supplies are currently awaiting entry.

UNRWA Commissioner-General Philippe Lazzarini welcomed the "unambiguous ruling" on social media, noting that "With huge amounts of food & other life-saving supplies on standby in Egypt & Jordan, UNRWA has the resources & expertise to immediately scale up the humanitarian response in Gaza & help alleviate the suffering of the civilian population."

This advisory opinion from the World Court comes as a fragile US-brokered Gaza ceasefire, which began on October 10, continues to hold.

Israel has maintained it has not violated international law and has characterized the court proceedings as biased. Though absent from April hearings, Israel submitted a 38-page written document for consideration.

The Israeli Ministry of Foreign Affairs rejected the opinion in a written statement, asserting that Israel "fully upholds its obligations under International Law" while adding that it "will not cooperate with an organisation that is infested with terror activities," referring to UNRWA.

UN Secretary-General Antonio Guterres described the ruling as "an important decision" and expressed hope for Israeli compliance, telling The Associated Press in Geneva: "This decision comes at a moment in which we are doing everything we can to boost our humanitarian aid in Gaza. So the impact of this decision is decisive in order for us to be able to do it to the level that is necessary for the tragic situation in which the people of Gaza still is."

Israeli Prime Minister Benjamin Netanyahu and his far-right allies have criticized UNRWA, alleging significant Hamas infiltration. The agency denies these claims, and the ICJ found that Israel had not "substantiated the allegations," according to Iwasawa.

The court also determined that Gaza's population had been "inadequately supplied" and that Israel was obligated to ensure "the basic needs of the local population" are met.

Palestinian representatives applauded the decision. Palestinian Ambassador to the Netherlands Ammar Hijazi told reporters after the hearing that the ruling was "clear, unequivocal and conclusive" and left Israel with "no pretext, no context, no excuse" to ban UNRWA.

In its written submission, Israel argued for rejection of the UN General Assembly's request, claiming similarity to other advisory opinions and questioning the judges' fact-finding capabilities.

In a previous advisory opinion, the court declared Israel's presence in occupied Palestinian territories unlawful and called for an end to settlements. That ruling accelerated moves toward unilateral recognition of a Palestinian state. Israel criticized the decision for failing to address security concerns.

Two decades ago, the court ruled Israel's West Bank separation barrier "contrary to international law." Israel boycotted those proceedings, citing political motivation.

While advisory opinions carry significant legal weight, they are considered "nonbinding" with no direct penalties for non-compliance.

Wednesday's opinion is separate from ongoing proceedings initiated by South Africa accusing Israel of genocide in Gaza. Israel rejects this claim and accuses South Africa of providing political cover for Hamas.

Last year, the International Criminal Court, also based in The Hague, issued arrest warrants for Netanyahu and former defense minister Yoav Gallant, alleging they used "starvation as a method of warfare" by restricting humanitarian aid and intentionally targeted civilians – charges Israeli officials strongly deny.

The ICJ advisory opinion specifically noted that Israel "is not to use starvation of the civilian population as a method of warfare."

Tom Dannenbaum, law professor at Stanford University, stated the opinion provides "strong legal support for the case against Netanyahu."

The Gaza war began following Hamas' October 7, 2023 attack on southern Israel, which killed 1,200 people, mostly civilians, and took 250 hostages. Israel's retaliatory offensive has killed more than 68,000 people according to Gaza's Health Ministry.

The ministry's figures, which don't distinguish between civilians and combatants, are considered the most reliable by UN agencies and independent experts. Israel has disputed these numbers without providing alternative figures.