The International Court of Justice on Wednesday ordered Israel to facilitate the delivery of humanitarian aid into Gaza, emphasizing its legal obligation as an occupying power to ensure Palestinians receive essential goods for survival, while rejecting Israeli claims that UNRWA, the U.N. agency for Palestinian refugees, was tied to Hamas.
The ICJ’s wide-ranging advisory opinion came as aid agencies struggle to expand relief operations under a fragile cease-fire agreed earlier this month. Though not legally binding, the court said its opinion carried “great legal weight and moral authority.”
ICJ President Yuji Iwasawa said Israel was “under an obligation to agree to and facilitate relief schemes provided by the United Nations and its entities,” explicitly naming UNRWA, which Israel banned after accusing some of its staff of participating in the Oct. 7, 2023, Hamas attack that triggered the war. The court ruled that Israel “has not substantiated its allegations that a significant part of UNRWA employees are members of Hamas or other terrorist organizations,” and found no evidence of discrimination in the agency’s aid distribution.
“The occupying power may never invoke reasons of security to justify the general suspension of all humanitarian activities in occupied territory,” the court said, stressing that Israel’s duty to facilitate aid was “unconditional.” It reiterated that Israel, as an occupying power, must respect both the law of occupation and international humanitarian law, and is obligated not to use starvation as a method of warfare.
Israel did not participate in the proceedings. Before the hearing, an Israeli official told reporters the case was “an abuse of international law,” insisting Israel “cooperates with international organizations” but “will not cooperate with UNRWA.” The court, however, rejected Israel’s argument that the request “weaponized” the international judicial process.