ICJ rules Israel must cooperate with UNRWA and lift Gaza aid blockade
President of the International Court of Justice (ICJ) Yuji Iwasawa chairs the hearing on 22 October 2025, delivering an advisory opinion on Israel’s obligations to provide humanitarian aid in the occupied Palestinian territories
Sondos Asem reports in Middle East Eye on 22 October 2025:
The world’s top court on Wednesday ruled that Israel’s ban on the UN’s main humanitarian provider to Palestinians and its restrictions on aid to Gaza and the occupied West Bank are inconsistent with international law.
The advisory opinion comes six months after hearings by the International Court of Justice (ICJ) in The Hague, where more than 40 states and international organisations presented evidence mostly arguing that Israel had breached its international legal obligations to facilitate the entry of aid to the Palestinian population under its occupation.
Only the Israel, the US and Hungary disputed the majority opinion, arguing for an interpretation of international humanitarian law in favour of limiting such obligation due to military necessity and Israel’s security.
The court on Wednesday rejected Israeli and US arguments, and unanimously held that Israel as an occupying power is required to fulfil its obligations under international humanitarian law to ensure that Palestinians have essential supplies of daily life including food, medical supplies and shelter.
It also ruled by ten votes to one that Israel must agree to and facilitate by all means at its disposal relief schemes for the people of Gaza and not impede them.
That includes those provided by the United Nations and its entities, in particular the UN agency for Palestinian refugees, UNRWA.
Such obligations are unconditional, it argued, providing its authoritative interpretation of Article 59 of the Fourth Geneva Convention. “As the occupying Power, Israel’s obligation under the first paragraph of Article 59 to agree to and facilitate relief schemes if the local population is inadequately supplied is unconditional,” it said. “The occupying Power may never invoke reasons of security to justify the general suspension of all humanitarian activities in an occupied territory.”
The court also ruled unanimously that Israel must abide by its obligations under international law not to forcibly displace or transfer the population under its occupation, and to respect the prohibition of the use of starvation as a method of war.
It further stated that Israel must respect the right of Palestinian detainees to be visited by the International Committee of the Red Cross, noting that, as argued by the UK, “Israel has denied the ICRC access to Palestinian detainees since 7 October 2023.”