UN seeks ICJ advisory on Israel’s obligations as occupying power

The U.N. General Assembly asked the International Court of Justice (ICJ) Monday for an advisory opinion on Israel’s responsibilities as an occupying power concerning the role of the U.N., international organizations and third states in the occupied Palestinian territory.
The decision comes amid heightened tensions in the region and increased international focus on the humanitarian and developmental needs of Palestinians.

Israel’s decision to ban the operations of the U.N. Palestinian refugee agency, UNRWA, in the country, along with challenges faced by other U.N. agencies in delivering aid to Gaza over the past year, prompted the move.

The International Court of Justice (ICJ), also known as the World Court, is the U.N.’s highest judicial body.

While its advisory opinions carry significant legal and political weight, they are not legally binding and lack enforcement mechanisms.

Under international humanitarian law, occupying powers are obligated to consent to relief efforts for those in need, facilitate such programs “by all means at their disposal,” and ensure adequate food, medical care, hygiene, and public health standards.

Although the new Israeli law does not explicitly ban UNRWA operations in the West Bank and Gaza, it is expected to severely hinder the agency’s ability to function effectively.

Senior U.N. officials and the Security Council have described UNRWA as the cornerstone of humanitarian aid efforts in Gaza.

Israel’s genocidal war on Gaza has killed more than 45,300 people, most of them women and children, since the Hamas incursion on Oct. 7, 2023.

Last month, the International Criminal Court issued arrest warrants for Netanyahu and former Defense Minister Yoav Gallant for war crimes and crimes against humanity in Gaza.

Israel is also facing a genocide case at the International Court of Justice for its actions in Gaza.

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