Top UN court to rule on Israel’s obligations to ensure humanitarian aid reaches Palestinians

The International Court of Justice (ICJ) in The Hague is poised to deliver a crucial advisory opinion on Wednesday regarding Israel’s legal responsibilities to ensure the delivery of urgently needed humanitarian aid to Palestinians in Gaza and the occupied West Bank. This ruling comes in response to a request from the U.N. General Assembly, made last year, following Israel’s decision to effectively ban the U.N. agency for Palestinian refugees (UNRWA) from operating in Gaza. UNRWA has been the primary provider of aid in the region. While advisory opinions are nonbinding, they carry significant legal weight and could have far-reaching implications for the U.N. and its global missions. The proceedings, which began in April, predate the fragile U.S.-brokered ceasefire that took effect on October 10, aimed at ending the two-year conflict in Gaza. Despite the ceasefire, tensions flared earlier this week after Israeli forces launched deadly strikes, citing the killing of two soldiers by Hamas militants. Under the ceasefire agreement, Israel is required to allow 600 humanitarian aid trucks into Gaza daily. The U.N. has announced plans to increase aid shipments, and Hamas has acknowledged Israel’s compliance with the agreement. However, Palestinian Ambassador Ammar Hijazi accused Israel of “starving, killing, and displacing Palestinians” while obstructing humanitarian efforts. Israel has denied these allegations, calling the proceedings biased, and did not attend the hearings, though it submitted a 38-page written response. The ICJ’s opinion could reinforce the principle that states cannot selectively restrict U.N. operations, according to international law experts. This case follows previous ICJ rulings critical of Israeli policies, including the West Bank separation barrier and the occupation of Palestinian territories. The advisory opinion is separate from South Africa’s ongoing case accusing Israel of genocide in Gaza, which Israel vehemently denies. The conflict, triggered by Hamas’ October 7 attack on southern Israel, has resulted in significant casualties, with Gaza’s Health Ministry reporting over 68,000 deaths, a figure disputed by Israel.