ICJ rules Israel obliged to allow Gaza aid passage

THE HAGUE -- The International Court of Justice (ICJ) affirmed on Wednesday that Israel is obligated to facilitate the delivery of humanitarian aid into Gaza, including assistance provided by United Nations agencies.

"The State of Israel, as an occupying Power, is required to fulfill its obligations under international humanitarian law," the court said in its legally non-binding advisory opinion requested by the UN General Assembly (UNGA).

The court stated that Israel "is under an obligation to agree to and facilitate relief schemes under Article 59 of the Fourth Geneva Convention," as the population of Gaza "has been inadequately supplied."

The judges urged Israel "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."

"The occupying power may not invoke reasons of security to suspend all humanitarian activities in occupied territory," the court said.

Israel is obliged "to facilitate by all means at its disposal relief schemes... 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 (UNRWA), other international organizations and third States, and not to impede such relief."

The court also said that Israel must "respect and protect all relief and medical personnel and facilities," and prohibit "the use of starvation of civilians as a method of warfare."

The advisory opinion stems from a December 2024 request by the UNGA, which asked the world court to clarify Israel's duties as an occupying power under international law and its responsibilities in ensuring unhindered humanitarian access and supporting the operations of the UN and other humanitarian actors in the Palestinian territories.

Public hearings on the case were held from April 28 to May 2, 2025, during which 39 states, the UN, and regional organizations - including the League of Arab States, the Organization of Islamic Cooperation, and the African Union - presented oral statements.