UN's Top Court Finds Israel in Breach of Obligations in Gaza Aid Restrictions

Strategic Insights -

Israel's restrictions on allowing aid into Gaza have put it in breach of its obligations, the UN's top court has found. The International Court of Justice in The Hague ruled that Israel has a duty to cooperate with the UN Palestinian relief agency Unrwa, which has been in effect banned from the territory since January. The court also found that Israel had not produced adequate evidence to justify ending cooperation with Unrwa, and that the organisation is the backbone of all humanitarian assistance in the area.

Key Takeaways:

  • Israel's restrictions on allowing aid into Gaza have put it in breach of its obligations, the UN's top court has found.
  • The International Court of Justice ruled that Israel has a duty to cooperate with the UN Palestinian relief agency Unrwa, which has been in effect banned from the territory since January.
  • The court found that Israel had not produced adequate evidence to justify ending cooperation with Unrwa, and that the organisation is the backbone of all humanitarian assistance in the area.
  • Israel was found to have violated the UN's immunities as set out in the UN charter, as well as ignored its humanitarian obligations as an occupying power under the Geneva conventions.
  • The UN General Assembly may now pass a resolution calling for Israel's suspension from the UN.
  • Norway plans to seek a resolution at the UN General Assembly based on the court's findings, and expects Israel to comply and allow full access to UN humanitarian organisations.
  • The ICJ found that Israel had used starvation as a method of warfare, and that its government had blocked all UN aid into Gaza from 2 March to 18 May.
  • Over 2,100 Palestinians were killed near distribution points, and conditions continued to worsen, with international food experts declaring a famine in parts of Gaza in August.
  • The ICJ ruled that the mass transfers or deportations of a population in an occupied territory is prohibited under the Geneva conventions.
  • Israel was found to have no right to block aid, or force hundreds of thousands of people into crowded areas, or restrict the presence of UN agencies.
  • The court also found that Israel has a duty to respect the immunities and privileges granted to the UN, its entities, properties, and personnel to operate in the occupied territories.
  • Tedros Adhanom Ghebreyesus, Director-General of the World Health Organization, said that despite recent efforts, aid levels reaching Gaza remain restrictive, and the situation remains "catastrophic and beyond words".

Statistics:

  • Over 2,100 Palestinians were killed near distribution points.
  • 360 Unrwa staff were killed during the conflict.
  • Israel blocked all UN aid into Gaza from 2 March to 18 May.
  • Conditions in Gaza continued to worsen, with international food experts declaring a famine in parts of Gaza in August.
  • Aid levels remained inadequate, according to the ICJ.
  • The ICJ found that Gaza is experiencing a health "catastrophe" that will last for "generations to come".

Sources:

  • International Court of Justice advisory opinion
  • UN General Assembly
  • Norway's deputy foreign minister, Andreas Kravik
  • Tedros Adhanom Ghebreyesus, Director-General of the World Health Organization