ICJ Advises Israel to Ensure Unimpeded Humanitarian Access to Gaza

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ICJ Advises Israel to Ensure Unimpeded Humanitarian Access to Gaza

The International Court of Justice (ICJ) has gone even further. Their latest version just finished marking up, for example, would affirm that Israel needs to allow humanitarian aid to enter the Gaza Strip unhindered amidst the current hostilities. The court found that Gazans have been deprived of essential goods and services during the violence, emphasizing Israel’s responsibility under international law to support the population’s basic needs.

The ICJ’s ruling comes as tensions escalate in the region, prompting Israel to respond with a firm rejection of the court’s findings. Israel continues to claim that it is completely fulfilling its international obligations. In doing so, it highlights its pledge to continue as a United Nations member in good standing. The consequences of the ruling pose an enormous threat to the Israeli government.

Israel’s Response to the ICJ’s Ruling

In reaction to the ICJ’s advisory opinion, Israel’s Ministry of Foreign Affairs put out a statement in which it dismissed the court’s findings. In its appeal, the ministry claimed that the judgment is not a legal requirement but a political tactic cloaked in legal obligation.

“This is yet another political attempt to impose political measures against Israel under the guise of ‘International Law’,” – Israel’s Ministry of Foreign Affairs.

To justify its action, Israel accused Hamas of having taken over the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). This claim provides ideological justification for Netanyahu’s reduction of cooperation with the agency. Israel, meanwhile, has shuttered all its offices in East Jerusalem. So it passed legislation to limit UNRWA’s work, saying the US will not partner with an organization they view as corrupted by terrorist activity.

“Israel will not cooperate with an organization that is infested with terror activities. Israel fully upholds its obligations under International Law,” – Israel’s Ministry of Foreign Affairs.

The ICJ’s ruling couldn’t have been more transparent. It emphasized that Israel cannot unilaterally end UNRWA’s operations and they need to support its efforts in order to provide humanitarian assistance.

The Humanitarian Crisis in Gaza

The ICJ’s conclusions show the brutal reality for Gazans. They are facing critical shortages of medicine, food, water and other vital supplies as the war rages on. The court called on Israel to provide adequate humanitarian assistance to civilians. Further, it showed that humanitarian access—including the protection of humanitarian actors—is critical during periods of crisis.

Philippe Lazzarini, UNRWA’s Commissioner-General — whose staff have suffered major attacks — highlighted the need to simplify aid delivery. She emphasized the organization’s irreplaceable role as a national organization working to support Palestinians.

“UNRWA is the key humanitarian actor with a unique and sustained connection to the occupied Palestinian territories, whose operations must be facilitated rather than obstructed — particularly given the dire humanitarian conditions in Gaza,” – Philippe Lazzarini.

The ICJ’s advisory opinion serves as a reminder of the ongoing obligations that Israel has towards the Palestinian population in Gaza. It claims that failure to provide access to such basic needs is a violation of international standards.

Accountability and International Obligations

With every passing day and every aerial bombardment as the humanitarian situation in Gaza worsens, calls for accountability have grown louder. Lazzarini reiterated that no one who targets UNRWA staff and installations should escape accountability. He raised alarm over the targeting of humanitarian workers in a context where violence is worsening by the day.

“There must be accountability for the killing of UNRWA staff members, for the severe mistreatment of humanitarian staff in detention and for the destruction, damage and misuse of UNRWA facilities,” – Philippe Lazzarini.

That point was echoed by legal scholar Nimer Sultany, who explained that even if a ceasefire were to be agreed, Israel’s obligations do not change. He highlighted that international law continues to exist even when political will may not be present.

“So in the context in which we have a Trump plan and many Western states are eager to so-called ‘move on’ after two years of mass slaughter… this ICJ advisory opinion is a reminder of the kind of damage and havoc that Israel has inflicted on the international legal order,” – Nimer Sultany.

The ICJ was unequivocal on the necessity for Israel to abide by international law. The resolution called for swift and unimpeded access for humanitarian relief and rejected claims that substitutes such as the Gaza Humanitarian Foundation could replace UNRWA’s vast, established networks.

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