ICJ Rules on Aid Entry to Gaza – This is What It Said

The International Court of Justice. (Photo: via CIJ_ICJ TW Page)

By Palestine Chronicle Staff  

In its ruling, the court said it was “of the opinion that the State of Israel, as an occupying Power, is required to fulfil its obligations under international humanitarian law.”

The International Court of Justice (ICJ) ruled on Wednesday that Israel is obliged to ensure that the population of the Gaza Strip has “the basic needs” essential for survival in accordance with international humanitarian law.

In its ruling, the court said it was “of the opinion that the State of Israel, as an occupying Power, is required to fulfill its obligations under international humanitarian law.”

These obligations, the judges unanimously agreed, include “to ensure that the population of the Occupied Palestinian Territory has the essential supplies of daily life, including food, water, clothing, bedding, shelter, fuel, medical supplies and services.”

It also agreed, by ten votes to one, that Israel has “to agree to and facilitate by all means at its disposal relief schemes on behalf of the population of the Occupied Palestinian Territory so long as that population is inadequately supplied, as has been the case in the Gaza Strip, including relief provided by the United Nations and its entities, in particular the United Nations Relief and Works Agency for Palestine Refugees in the Near East, other international organizations and third States, and not to impede such relief.”

Ugandan judge and vice-president of the ICJ panel, Julia Sebutinde, voted against this ruling.

Allegations against UNRWA

In January this year, Israel effectively banned UNRWA, the main UN agency facilitating relief aid in Gaza, from operating in the besieged enclave, claiming some of its members were involved in the Resistance operation against Israel on October 7, 2023.

The court noted that the circumstance that the UN’s internal investigation in 2024 “led to the dismissal of nine members of UNRWA personnel due to their possible involvement in the 7 October 2023 Hamas-led attacks against Israel is insufficient to support a conclusion that UNRWA as a whole is not a neutral organization.”

In addition, the Court found that Israel “has not substantiated its allegations that a significant part of UNRWA employees ‘are members of Hamas . . . or other terrorist factions.’”

It also found no evidence of discrimination in the UNRWA’s distribution of aid based on nationality, race, religion, or political opinion.

“The occupying power may never invoke reasons of security to justify the general suspension of all humanitarian activities in occupied territory,” the court said, reiterating that Israel’s obligation to facilitate aid is “unconditional.”

Aid ‘Inadequately Supplied’

The Court noted that Israel blocked aid into the Gaza Strip, preventing the entry of humanitarian aid into the region from March 2 until 18 May 2025, and that the operations of the Gaza Humanitarian Foundation since May “has not significantly alleviated the situation.”

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It stressed that the local population in the Gaza Strip “has been inadequately supplied.”

“In these circumstances, the Court recalls Israel’s obligation not to use starvation of the civilian population as a method of warfare,” the Court’s summary stated.

Palestinian Self-Determination

The Court explained that “it is mindful that the present request for an advisory opinion has not arisen in isolation but is situated in the context of Israel’s prolonged occupation of the Occupied Palestinian Territory for more than 58 years, and the continued denial of the Palestinian people’s right to self–determination.”

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It said Israel’s territorial claim over East Jerusalem has long been declared “null and void” by the Security Council, and noted that the “Law to Cease UNRWA Operations in the Territory of the State of Israel” purports to apply to East Jerusalem.

“As an occupying Power, Israel must refrain from extending its domestic laws to the occupied territory in any manner inconsistent with its obligation not to impede the Palestinian people from exercising its right to self–determination, including its inalienable right to territorial integrity over the entirety of the Occupied Palestinian Territory,” the Court stated.

Crisis a ‘Direct Threat’

The Court emphasized that the humanitarian crisis in Gaza “poses a direct risk to the living conditions of the Palestinian people”.

It stressed that respect for the right to self-determination of the Palestinian people “requires Israel not to prevent the fulfilment of the basic needs of the Palestinian people in the Gaza Strip, including by the United Nations, its entities, other international organizations and third States.”

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The Court pointed out that UNRWA “has remained the principal means and the backbone of all humanitarian response in the Gaza Strip, serving Palestinian refugees and civilians in urgent need of life-saving humanitarian assistance.”

Israel is therefore “under an obligation not to impede the operations of United Nations entities, other international organizations and third States, and to co-operate in good faith with the United Nations to ensure respect for the right of the Palestinian people to self-determination.”

Wednesday’s ruling is separate from the other cases faced by Israel over its two-year genocidal campaign in Gaza that has killed over 68,000 Palestinians and injured more than 170,000.

Ceasefire Agreement

A ceasefire agreement came into effect on October 10 in accordance with US President Trump’s plan, which includes a gradual withdrawal of the Israeli army, a mutual release of prisoners, and the immediate entry of aid into the Gaza Strip.

Israel has, however, killed over 80 Palestinians and injured 230 others in 80 violations of the ceasefire, according to Gaza’s Government Media Office.

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The Ministry of Health in Gaza confirmed on Wednesday that it received 30 bodies of Palestinians released by Israel via the Red Cross, bringing the total number of bodies handed over to 195. The Ministry noted that some bodies show signs of abuse, beating, and binding.

Hamas has handed over 20 living Israeli captives and handed over the bodies of 16 out of 28 dead captives, according to the ceasefire agreement.

(PC, Anadolu)

2 Comments

  1. For the genocidal Zionist entity, there’s no such thing as “fulfilling its obligations under international humanitarian law”. Not a single day goes by, that it doesn’t flagrantly break international humanitarian laws.

    I’m curious to know, if this Ugandan Zionist judge and vice-president of the ICJ panel, Julia Sebutinde, happens to actually be aware that her country (Uganda) had been one of several places the European Zionist Jews had considered for creating their make-believe “Jewish homeland”.

  2. I KNOW THIS STUPID PLAN TO PUT THE MURDERERS IN CHARGE OF THE SUFFERING PALESTINIANS
    CAN NEVER WORK.
    If it was Ukraine you all would make Life so comfortable for them ,I wonder why????
    UNDER 24/7 SURVEILLIANCE OF…THE ALMIGHTY , WISE ,ETERNAL.THE ONE GOD…
    Must answer for this level of injustice done to PALESTINUANS.

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