The International Court of Justice (ICJ) is poised to deliver a crucial advisory opinion regarding Israel’s legal duties towards UN agencies and international organizations operating within the occupied West Bank and Gaza Strip. This development follows a request from the UN General Assembly after Israel’s parliament enacted laws prohibiting activities by the UN agency for Palestinian refugees (Unrwa) on Israeli soil and any contact with Israeli officials.
Israel has asserted that Unrwa has been infiltrated by Hamas, an accusation the agency denies, maintaining its neutrality. The ICJ has also been asked to assess Israel’s obligation to permit the unobstructed delivery of essential supplies to the Palestinian population.
This legal scrutiny comes at a time when Israel has intensified its blockade on Gaza. Since the conflict with Hamas began two years ago, the entry of food and other vital aid for Gaza’s 2.1 million residents has been severely restricted, and at times, completely halted. International experts, backed by the UN, have highlighted dire conditions, with over 640,000 people facing extreme food insecurity and a declared “entirely man-made” famine in Gaza City prior to a recent ceasefire agreement. Israel has contested these findings, arguing it allows sufficient aid and blaming Hamas for diverting supplies.
The ICJ’s judges are to address two primary questions posed by the UN General Assembly resolution: firstly, whether Israel’s ban on Unrwa violates UN conventions that guarantee the independence of UN agencies; and secondly, whether the restrictions on aid crossings into Gaza contravene international humanitarian law, including Israel’s duties as an occupying power to safeguard civilians.
While the ICJ’s opinion is advisory and non-binding, it carries considerable moral and diplomatic weight. UN Under-Secretary General for Legal Affairs Elinor Hammarskjöld emphasized during the hearings that Israel, as the occupying power, must facilitate the work of UN entities in benefiting the local population, including providing relief, education, and medical services. She stressed that undermining the work of UN agencies jeopardizes the entire international system.
Representing the Palestinian government, legal counsel Blinne Ní Ghrálaigh condemned Israel’s actions as unprecedented violations, including attacks on UN officials and premises and obstruction of the organization’s work. Israel, however, has dismissed the proceedings as a “political circus” and an “abuse of international law,” asserting its right to self-defense and counterterrorism measures under international law, and questioning cooperation with agencies that compromise its legitimate security concerns.
Unrwa, the largest humanitarian organization in Gaza with 12,000 staff, disputes Israel’s claims of Hamas infiltration and cooperation. While the UN has dismissed some staff members based on initial findings, it has also stated that independent reviews found no evidence to support Israel’s broader allegations against hundreds of Unrwa staff.
The agency continues to provide essential services to Palestinians in Gaza and the West Bank, despite facing Israeli restrictions on aid delivery and visa issuance for international staff. Unrwa reports significant casualties among its personnel since the conflict began, underscoring the profound human cost. This case is seen as a critical test of the international community’s ability to uphold its rules when a major member state challenges the legitimacy of UN institutions.