ICJ rules against Israel, orders it to allow aid into Gaza

The International Court of Justice (ICJ) has ruled that Israel must allow humanitarian aid into Gaza, saying its restrictions over the past two years violate international law.

In a strongly worded advisory opinion delivered in The Hague, the UN’s top court said Israel had failed in its obligation as an occupying power to ensure food, water, medical supplies and other essentials reach civilians in Gaza.

On Wednesday, the court said Israel must not obstruct relief work by UN agencies, particularly the UN Relief and Works Agency for Palestine Refugees (UNRWA), which it described as the backbone of humanitarian assistance in the enclave.

It found that Israel had not provided credible evidence to justify cutting ties with the agency, which it banned from Gaza earlier this year.

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Judge Iwasawa Yuji, delivering the ruling, said: “The occupying power may never invoke reasons of security to justify the general suspension of all humanitarian activities in occupied territory.”

He added that evidence showed Gaza’s population had been inadequately supplied.

The ICJ said Israel had breached UN immunities and ignored its humanitarian obligations under the Geneva Conventions.

The international court found that Israeli laws passed in October 2024, ending cooperation with UNRWA, were unlawful and made it impossible for the agency to carry out its mandate.

The court also ruled that Israel must respect the inviolability of UN premises, schools and hospitals, and the immunity of UN personnel working in Gaza and the West Bank. “Israel is obliged to cooperate with the UN and the International Committee of the Red Cross, and to allow access to Palestinian prisoners held in its custody.”

While the opinion is non-binding, it carries significant political weight and is expected to intensify calls for Israel to comply with its international obligations.

Israel’s foreign ministry rejected the ruling, saying it “categorically rejects the court’s findings” and insists it “fully upholds its obligations under international law.”

“They are blaming Israel for not cooperating with UN organs … They should be blaming themselves. Those organs became breeding grounds for terrorists,” CNN reported Danny Danon, the Israeli ambassador to the UN, as saying on Wednesday in response to the opinion, which he described as a “political document.”

In the past, Israel has accused UNRWA of having more than a thousand employees affiliated with Hamas, and of teaching hate against Israel in its schools. UNRWA has repeatedly denied the accusations, saying there are no grounds for “a blanket description” of the whole institution as being infiltrated by Hamas.

But the court said Wednesday that Israel has not substantiated allegations “that a significant part of UNRWA employees are members of Hamas or other terrorist factions.”

“The court concludes that in the present circumstances, the United Nations, acting through UNRWA, has been an indispensable provider of humanitarian relief in the Gaza Strip,” the judge said. “The court recalls Israel’s obligation not to use starvation of the civilian population as a method of warfare as an occupying power.”

The US Department of State also dismissed the ruling as “corrupt,” accusing the court of unfairly targeting Israel and ignoring alleged Hamas infiltration of UNRWA. But the court said Israel had not substantiated claims that a significant number of UNRWA staff belonged to Hamas or other militant groups.

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According to the ruling, Israel blocked all UN aid into Gaza between March and May this year, in violation of the ban on using starvation as a weapon of war. More than 2,100 Palestinians were reported killed near aid distribution points, and international experts declared parts of Gaza to be in famine.

The judges, by ten votes to one, concluded that Israel must ensure the population of Gaza has access to food, water, shelter and medical care. They also reaffirmed the prohibition on forced displacement and collective punishment.

Norway, which initiated the proceedings, said it would seek a UN General Assembly resolution based on the court’s findings. Its deputy foreign minister, Andreas Kravik, said the decision confirmed that Israel must facilitate UN and NGO access to deliver life-saving aid.

World Health Organisation Director-General Tedros Ghebreyesus said the situation in Gaza remains “catastrophic and beyond words,” warning that the health crisis “will last for generations to come.”