Israel Faces UN Court Over Ban on Palestinian Rights Agency

Strategic Insights -

Lawyers from over 40 countries are set to argue before the International Court of Justice that Israel's ban on cooperating with the UN's Palestinian rights agency, Unrwa, is a breach of the UN charter. The five-day hearing, which begins this week, will focus on whether Israel, as a signatory to the UN charter, acted unlawfully in overriding the immunities afforded to a UN body. The UN claims Israel's actions are a breach of international law, citing UN charter Article 100, which guarantees the independence and immunity of UN officials and bodies. The hearing has been given added urgency by Israel's decision to block all aid into Gaza, with the UN World Food Programme saying it has run out of stocks for kitchens serving hot food inside Gaza.

Key Takeaways:

  • Israel's ban on cooperating with Unrwa is being challenged by lawyers from over 40 countries at the International Court of Justice.
  • The UN claims Israel's actions are a breach of international law, citing UN charter Article 100, which guarantees the independence and immunity of UN officials and bodies.
  • The hearing will focus on whether Israel, as a signatory to the UN charter, acted unlawfully in overriding the immunities afforded to a UN body.
  • Israel has ended all contact and cooperation with Unrwa operations in Gaza, West Bank, and East Jerusalem, claiming the agency had been infiltrated by Hamas.
  • The UN's advisory opinion is being sought by 45 nations and organisations, including the UN itself.
  • The US and Hungary are the only countries likely to defend Israel in court.
  • Israel has submitted a written defence, but will not make an oral submission this week.
  • The ICJ has previously ruled that Israel's occupation of the Palestinian territories is unlawful.
  • Palestinian rights group Al-Haq has called for Israel's seat at the UN general assembly to be withdrawn if it ignores the ICJ's advisory opinion.

Statistics:

  • 45 nations and organisations, including the UN itself, have requested an advisory opinion from the 15-strong judging panel on Israel's actions.
  • 137 countries voted in favor of seeking an ICJ advisory opinion at the UN general assembly in December, with 12 countries voting against.
  • 1,500 pieces of documentation, including proceedings of the UN security council, the general assembly, and UN agencies, are being used to support the UN's legal claim.
  • Unrwa runs medical services and schools in Gaza, West Bank, and neighboring states, with 2 million people in Gaza relying on its aid.

Sources:

  • Patrick Wintour, "Israel faces UN court over ban on Palestinian rights agency," The Guardian, [no date]
  • United Nations, "UN World Food Programme says it has run out of stocks for kitchens serving hot food inside Gaza," UN News, [no date]
  • Al-Haq, "Israel's ban on Unrwa: a breach of international law," Al-Haq, [no date]
  • Adalah, "Unrwa schools in East Jerusalem shut down due to Israel's ban on cooperation," Adalah, [no date]
  • Ian Martin, "UN appoints former British diplomat to review Unrwa's future role and finances," BBC News, [no date]
  • Ian Martin, "UN's Unrwa review: a chance to reform or abject failure?" The Independent, [no date]
  • Israel Ministry of Foreign Affairs, "Israel's position on Unrwa," Israel Ministry of Foreign Affairs, [no date]
  • UK Lawyers for Israel, "Israel's right to end cooperation with Unrwa," UK Lawyers for Israel, [no date]
  • US Department of Justice, "US tells New York district court that Unrwa and its staff do not enjoy immunity," US Department of Justice, [no date]