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Humanitarian Aid to Gaza: The ICJ Rules on Israel's Obligations

Humanitarian Aid to Gaza: The ICJ Rules on Israel's Obligations

The highest court of the UN will rule on Wednesday regarding Israel's obligations towards organizations providing aid to Palestinians in Gaza, where humanitarian agencies are striving to ramp up their assistance following the ceasefire.

The UN has requested the International Court of Justice (ICJ) in The Hague to clarify Israel's responsibilities as an occupying power towards the UN and other organizations, including ensuring and facilitating the unhindered supply of essential survival items for Palestinians.

An opinion from the ICJ is not legally binding, but the court believes it carries significant legal weight and moral authority.

In April, judges heard testimony for a week from dozens of countries and organizations, much of which focused on the status of UNRWA, the UN agency for Palestinian refugees.

Israel did not participate in the hearings. Its Foreign Minister, Gideon Saar, described the hearings as "an integral part of a systematic persecution and delegitimization of Israel."

Israel has barred UNRWA from operating on its territory after accusing some of its employees of involvement in the Hamas attack on October 7, 2023, which triggered the war.

A series of investigations, including one led by former French Foreign Minister Catherine Colonna, uncovered "issues of neutrality" at UNRWA.

However, this report from April 2024 indicated that Israel had "not yet provided evidence" to support its claims that "a significant number of UNRWA employees are members of terrorist organizations."

During hearings at the Hague court, a US official expressed "serious concerns" regarding UNRWA's impartiality and alleged that Hamas was using the agency's facilities.

The US official, Josh Simmons, stated that Israel had "no obligation to specifically allow UNRWA to provide humanitarian aid."

Palestinian official Ammar Hijazi told ICJ judges that Israel was blocking aid, viewing it as a "weapon of war," thereby causing famine in Gaza.

"Lifeline"

UNRWA's Director-General, Philippe Lazzarini, described his organization as a "lifeline" for nearly six million Palestinian refugees.

The agency still has about 12,000 employees in Gaza and intends to play a major role in its reconstruction following the fragile ceasefire established earlier this month.

More than 370 UNRWA employees have been killed since the start of the war, according to the agency.

On Tuesday, Abeer Etefa, spokesperson for the UN World Food Programme (WFP), indicated that 530 trucks from the organization had entered Gaza since the ceasefire took effect.

These trucks delivered over 6,700 tons of food, which, according to her, "is sufficient to feed nearly half a million people for two weeks."

Israel is facing several international legal proceedings regarding its operations in Gaza.

In July 2024, the ICJ issued another advisory opinion stating that the Israeli occupation of Palestinian territories was "illegal" and should cease as soon as possible.

The court is also examining a case brought by South Africa, accusing Israel of violating the 1948 UN Convention on Genocide.

Another court in The Hague, the International Criminal Court, has issued arrest warrants against Israeli Prime Minister Benjamin Netanyahu for alleged war crimes and crimes against humanity.

It has also issued an arrest warrant against Hamas commander Mohammed Deif, who, according to Israel, was killed in an airstrike.

AFP