ICJ Hearings: US Isolated as It Supports Israeli Blockade, Questions UNRWA

Josh Simmons, of the US State Department legal team, at the International Court of Justice in The Hague. (Photo: video grab)

By Palestine Chronicle Staff  

At The Hague, Washington stood nearly alone in defending Israel’s restrictions on UNRWA amid rising global condemnation of the Gaza blockade.

The United States told the International Court of Justice (ICJ) on Wednesday that it had “serious concerns” about the “impartiality” of the UN Agency for Palestine Refugees (UNRWA).

“There are serious concerns about UNRWA’s impartiality, including information that Hamas has used UNRWA facilities and that UNRWA staff participated in the 7 October terrorist attack against Israel,” Josh Simmons, of the US State Department legal team, said on the third day of the UN Court’s public hearings in The Hague into Israel’s humanitarian obligations in Gaza.

Simmons argued that Israel, “therefore, has ample grounds  to question UNRWA’s impartiality.”

Colonna Report

Referencing an independent probe into Israel’s allegations against the UN staff members, he said that “Some have argued that the evidence is insufficient or that the UN’s investigation and the Colonna report have resolved concerns about UNRWA.”

The probe, led by France’s former foreign minister Catherine Colonna, found that there was either no evidence or insufficient evidence in some cases.

Only in nine cases, “the evidence – if authenticated and corroborated – could indicate that the UNRWA staff members may have been involved in the attacks of 7 October,” according to UNRWA. The nine staff members were dismissed by the UN agency following the investigation.

Simmons, however, said that due to “these concerns”, it was “clear that Israel has no obligation to permit UNRWA specifically to provide humanitarian assistance.”

“In sum, there is no legal requirement that an occupying power permit a specific third state or international organization to conduct activities in occupied territory that would compromise its security interests,” he stated.

Simmons said the US supports the flow of humanitarian aid into Gaza, “with the safeguards to ensure it is not looted or misused by terrorist groups.”

Ban on UNRWA

In October 2024, the Israeli Knesset (parliament) passed two laws banning UNRWA’s operations in Israel and areas under its occupation and prohibiting Israeli authorities from having any contact with the agency. The laws took effect on January 30.

Israel imposed a full blockade on the entry of all aid, including water and food, into Gaza on March 2, escalating an already catastrophic humanitarian situation in the enclave.

UNRWA warned on Tuesday that the siege “is four times longer than the siege imposed in the beginning of the war,” adding that children in Gaza “are going to bed starving.”

‘Crisis of Legality, Humanity’ – Russia

Following the US’s presentation, Russia told the ICJ that Israel’s actions in the occupied Palestinian territories (OPT) are leading to a “crisis of legality and humanity.”

“Today, we confront the crisis of legality and humanity in light of systematic undermining of the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) by Israel and its negligence towards the overall obligations under international law, including those stemming from the status of Israel as an occupying power,” said Maksim Musikhin, speaking on behalf of Moscow.

“The urgency of this matter cannot be overstated. Gaza balances on the brink of famine. Hospitals lie in ruins,” he added.

Musikhin warned that with Israel’s total blockade since March 2 and resumed military operations, Gaza continues to endure devastating destruction and a “humanitarian catastrophe of unprecedented scale.”

He also raised concerns over Israel’s renewed military operation launched in the West Bank on January 21, warning that it “risks repeating a terrible Gaza scenario.”

Support for UNRWA

Russia reaffirmed its support for the UNRWA, calling the agency’s role “crucial” and saying “its work is strongly supported by the vast majority of the international community.”

“Without UNRWA, Gaza’s humanitarian system will collapse,” he warned.

Russia argued that “Israel as the occupying power is bound by the (international humanitarian law) IHL, including the Fourth Geneva Convention and The Hague regulations.”

‘Weaponizing’ Food – Over 65,000 Gaza Children Hospitalized for Malnutrition

“None of that is happening today,” Russia told the court, accusing Israel of failing to meet its obligations to ensure and maintain food, health, and hygiene services.

“Israeli laws on the prohibition of the UNRWA’s activities violate actual norms and principles,” Musikhin said, urging the court to let its opinion “be a beacon of hope” and a reaffirmation of international law.

‘Lift Restrictions’ – France

France’s representative Diego Colas, for his part, urged Israel to immediately lift restrictions on humanitarian aid to Gaza and cooperate with international partners.

“Humanitarian aid must reach Gaza at scale. Restrictions to its access must be lifted without delay,” said Colas, calling for all crossing points to be opened and humanitarian workers protected “in compliance with international law.”

He emphasized that a two-state solution remains “the only solution capable of guaranteeing peace and security in the long term for Israelis and Palestinians.”

Citing 2024 provisional measures of the court, Colas said Israel is “under an obligation to provide full assistance to the action of the agency (UNRWA)” and must not impede its activities.

He added that Israel must authorize and facilitate UNRWA operations and protect aid workers in line with its duties as an occupying power.

“To conclude, France reiterates its appeal to the Israeli authorities to put an end to the dramatic humanitarian situation in Gaza,” Colas said, urging cooperation with international partners, including the UN, to ensure urgent access and security for aid operations across Gaza and the occupied territories.

‘Disrespect to Int Law’ – Indonesia

Indonesia said, during the public hearings, that Israel’s actions in the occupied Palestinian territory defy international law and have made it impossible for Palestinians to exercise their basic rights, including the right to self-determination.

“Indonesia clearly expresses that no country should be above the law,” said Foreign Minister Sugiono.

“Israel has consistently imposed its nefarious policies and measures in the occupied Palestinian territory in utter disrespect to international law.”

Sugiono argued that Israel’s continued presence in the territory and the coercive environment it has created have stripped Palestinians of their ability to determine their political, social, and cultural future.

He stressed the ICJ proceedings are not just political or moral in nature but rooted in legal obligations.

“It becomes evidently clear that Israel does not fulfill this obligation (relief schemes),” Sugiono said, blaming Israel for playing “a pivotal part in the unfolding of the biggest humanitarian catastrophe of this decade, if not this century.”

‘Reinforce Int Law’

He condemned the destruction of civilian infrastructure and hospitals in Gaza, saying it actively prevents Palestinians from determining their own future.

“Indonesia unwaveringly submits to the court that Israel shall be under the obligation to fulfill the Palestinian people’s right to self-determination,” he said.

“This court opinion will provide much-needed guidance to the international community on how to reinforce the primacy of international law to solve the worst man-made humanitarian catastrophe of the century.”

Week-Long Hearings

The week-long public hearings held by the ICJ is to assess Israel’s legal obligations for the provision of humanitarian aid and the Palestinian people’s right to self-determination, following a request from the UN General Assembly.

Representatives from 40 countries and four international organizations are presenting oral submissions during the proceedings, including Türkiye, Malaysia, South Africa, China, Russia, Spain, Ireland, Brazil, Qatar, Saudi Arabia, and Egypt.

‘Starvation as Weapon’ – ICJ Hearings on Israel’s Aid Obligations in Gaza Continue

Key organizations, including the UN, the Organization of Islamic Cooperation, and the Arab League, will also contribute.

Israel, which is among the countries that submitted written statements, will not make an oral submission during the hearings.

Israel also faces a genocide case at the ICJ for its war on the Gaza Strip, which, since October 2023, has killed more than 52,000 Palestinians and reduced much of Gaza to rubble.

The International Criminal Court issued arrest warrants last November for Netanyahu and his former Defense Minister, Yoav Gallant, for war crimes and crimes against humanity in Gaza.

(PC, Anadolu)

2 Comments

  1. ” impartiality “? it’s proven public information that US tax-payer’s money went to Hamas via the USAID program. Wanna talk about that??? Conflict of interest?? The UNRWA is vital! that’s why my shady, scummy US government is trying to shut them down, for ” Israel ” …and, only because Trump accepted $100 Million bribe from the Zionists. Then Zionist organizations feed him names of peaceful protesters who he deports, for ” Israel ” …it’s High Treason for the US president to place the interests of a foreign nation before his own. Trump and his entire administration need to be removed from office immediately!

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