The International Court of Justice (ICJ) has issued a landmark advisory opinion affirming that Israel bears significant obligations under international human rights and humanitarian law to protect and ensure the rights of the Palestinian population.
The opinion was delivered in response to a request from the United Nations General Assembly concerning Israel’s legal responsibilities regarding the facilitation of humanitarian aid to Palestinians, particularly following Israel’s restrictions on the operations of the UN Relief and Works Agency for Palestinian Refugees (UNRWA).
The ICJ, in a unanimous decision by its 11 judges, clarified that Israel, as the occupying power in the Occupied Palestinian Territory (OPT), must guarantee that Palestinians have access to essential supplies and services necessary for daily life. The court highlighted that Israel is required to actively facilitate relief operations undertaken by the UN, UNRWA, other international agencies, and third-party states, especially in situations where the population is inadequately supplied—a condition that has been particularly severe in Gaza.
The court also emphasized that Israel has an obligation not to obstruct or impede humanitarian aid and must ensure full respect for the privileges and immunities of UN personnel and agencies operating in the OPT. This includes ensuring that humanitarian and relief personnel can operate without interference or threat, a principle fundamental to upholding international humanitarian standards.
In its ruling, the ICJ stressed that these obligations are derived from both international human rights law and international humanitarian law, which require occupying powers to protect civilians under their control and to facilitate access to essential resources, including food, water, healthcare, and shelter.
The advisory opinion serves as a strong reminder of the international community’s expectations regarding the treatment of civilians in occupied territories and underscores the critical role of the UN and other humanitarian organisations in providing relief to populations affected by conflict and occupation.
While the opinion is advisory and not legally binding in the same way as a court judgment in a contentious case, it carries significant moral and legal weight, reaffirming the responsibilities of Israel and setting a precedent for the treatment of civilian populations in situations of prolonged occupation.
The ICJ’s statement could have far-reaching implications for Israel’s policies in the OPT, including Gaza and the West Bank, and is likely to influence diplomatic discussions, international aid operations, and ongoing debates at the United Nations over the humanitarian situation in the region.