Top UN court says Israel must allow UN relief agency to supply aid to Gaza

A Palestinian flag flies outside the International Court of Justice, which ruled on a United Nations request for an advisory opinion on Israel’s obligations to allow humanitarian assistance in Gaza and the West Bank (Peter Dejong/AP)

The International Court of Justice said on Wednesday that Israel must allow the UN aid agency in Gaza, known as UNRWA, to provide humanitarian assistance to the war-torn territory.

The UN General Assembly asked the court last year to give an advisory opinion on Israel’s legal obligations after the country effectively banned the UN agency for Palestinian refugees, the main provider of aid to Gaza, from operating in the territory.

Israel “is under the obligation to agree to and facilitate relief schemes provided by the United Nations and its entities, including UNRWA,” the court’s president, Yuji Iwasawa, said.

Israel has denied it has violated international law, saying the court’s proceedings are biased, and did not attend hearings in April.

However, the country provided a 38-page written submission for the court to consider.

The advisory opinion from the World Court comes as a fragile US-brokered Gaza ceasefire agreement, which took effect on October 10, continues to hold.

Advisory opinions carry significant legal weight and experts say the case could have broader ramifications for the UN and its missions worldwide.

The proceedings predate the current fragile US-brokered Gaza ceasefire agreement, which took effect on October 10, and aims at ending the two-year war in the Palestinian enclave.

Though still in effect, the shaky truce was tested earlier this week after Israeli forces launched a wave of deadly strikes, saying Hamas militants had killed two soldiers.

Under the agreement, 600 humanitarian aid trucks are to be allowed to enter daily.

The UN has announced plans to ramp up aid shipments into Gaza.

On Monday, Hamas chief negotiator Khalil al-Hayya told Egypt’s Al-Qahera News that Israel has complied with aid deliveries per the ceasefire agreement.

During the hearings in April, Palestinian Ambassador to the Netherlands Ammar Hijazi told the 15-judge panel that Israel was “starving, killing and displacing Palestinians while also targeting and blocking humanitarian organisations trying to save their lives”.

Israel’s ban on the UN agency in Gaza, known as UNRWA, came into effect in January.

The organisation has faced increased criticism from Israeli Prime Minister Benjamin Netanyahu and his far-right allies, who claim the group is deeply infiltrated by Hamas.

UNRWA rejects that claim.

In March, Israel cut off all aid shipments for three months, leading to severe food shortages in the Palestinian territory.

Eventually, Israel allowed in some aid while pushing forward with a highly criticised plan to shift aid distribution to the Gaza Humanitarian Foundation, a private US-backed group.

Conditions continued to worsen and international food experts declared a famine in parts of Gaza in August.

Israel has claimed there was enough food in Gaza and accused Hamas of hoarding supplies.

GHF has suspended its operations after the latest ceasefire was reached.

Advisory opinions issued by the UN court are described as “nonbinding” as there are no direct penalties attached to ignoring them.

However, the treaty that covers the protections that countries must give to UN personnel says that disputes should be resolved through an advisory opinion at the ICJ and the opinion “shall be accepted as decisive by the parties”.