International Court of Justice concludes public hearings on Israel’s aid obligations in occupied Palestinian territories

The ICJ in the Hague held public hearings for one week on the topic of Israel’s obligations as an occupying power in the Occupied Palestinian Territories (OPT) in relation to the United Nations, other international organisations and third States’ presence and activities.

The UN, relevant States and third parties participated in the pleadings, which will result in the ICJ judges issuing an advisory opinion on the question. The UN General Assembly urgently requested the Court for this advisory opinion in December 2024, as Israel continued to systematically prevent humanitarian aid from reaching Palestinians and after its parliament passed a law banning the UN Agency for Palestinian refugees UNRWA from delivering its humanitarian services in Israel and in the OPT.

International law, including ICJ case law and UN resolutions, state clearly that Israel, as an occupying power in the OPT, has a duty to “administer occupied territory for the benefit of the local population” and that it is “not entitled to sovereignty over or to exercise sovereign powers in any part of the Occupied Palestinian Territory on account of its occupation”. Thus, Israel’s orders to close UNRWA schools in the OPT, such as in Jerusalem, depriving hundreds of Palestinian children from education, as well as Israel’s blockade on Gaza, leading to the starvation and death of thousands of Palestinians, run counter to its obligations under international law.

By virtue of International Humanitarian Law (IHL), Israel, as an occupier of the OPT, must attend to the Palestinian population’s needs: the delivery and provision of food, medicine, education and other basic services, amongst others, must be ensured.

The community of States at the United Nations thus expects an in-depth answer to the question of what are Israel’s obligations “as an occupying Power and as a member of the United Nations, in relation to the presence and activities of the United Nations, including its agencies and bodies, other international organizations and third States, in and in relation to the Occupied Palestinian Territory, including to ensure and facilitate the unhindered provision of urgently needed supplies essential to the survival of the Palestinian civilian population as well as of basic services and humanitarian and development assistance, for the benefit of the Palestinian civilian population, and in support of the Palestinian people’s right to self-determination?”

The majority of the 40 States participating in the proceedings argued before the Court that Israel is violating its obligations to provide for the Palestinian population and condemned its restriction of humanitarian aid and total blockade on Gaza. These included: Palestine, Malaysia, South Africa, Egypt, Belgium, Algeria, Pakistan, Bolivia and Brazil - amongst many others.

The United States government representative, Israel’s ally and accomplice in its aggression on Palestine, argued against Israel’s duty to provide humanitarian aid to the Palestinian population through the UN agency UNRWA, claiming that “security needs” of the occupying power take precedence over its duty to provide aid to the population living under its occupation.

Switzerland, represented by Ambassador Franz Perrez, outlined that as an occupying power, the State of Israel has a duty under the Fourth Geneva Convention to facilitate humanitarian aid and not to target or hinder it, especially not to target facilities belonging to humanitarian organisations or its staff. Israel has repeatedly murdered aid workers in Gaza, totaling above 400 workers killed, in numerous massacres such as by dropping bombs on UNRWA shelters, displaced crowds of civilians gathered to get aid, and aid convoys, such as that of the World Central Kitchen.