Advisory Opinion of the International Court of Justice
Advisory Opinion of the International Court of Justice
The State of Palestine welcomes the landmark ruling by the International Court of Justice (ICJ) on the “Obligations of Israel in relation to the Presence and Activities of the United Nations, Other International Organizations and Third States in and in relation to the Occupied Palestinian Territory”.
The Court concluded that Israel has blocked humanitarian aid to the civilian population in the Gaza Strip in violation of its obligations as an occupying Power and as a member of the United Nations, and in violation of its obligation not to impede the Palestinian people from exercising their right to self-determination.
The Court also concluded that the limited humanitarian aid Israel has allowed in has not alleviated the catastrophic situation in the Gaza Strip. It recalled Israel has also violated its obligation to respect the prohibition of use of starvation as a method of warfare and the prohibition of forcible transfer and deportations of the Palestinian people, and affirmed that Palestinians that have been thus evacuated should be transferred back to their homes. The Court affirmed that Israel, as an occupying Power, must respect the right of Palestinians detained by Israeli authorities to be visited by the International Committee of the Red Cross (ICRC).
The Court rejected Israel’s campaign of lies against UNRWA, and found that Israel has not substantiated its allegations. It noted the lack of evidence to support claims that the Agency lacks impartiality or neutrality, and further insisted that UNRWA cannot be replaced and has been an indispensable provider of humanitarian relief in the Gaza Strip. The Court affirmed that Israel is prohibited from obstructing the functions of the United Nations, per its obligations as a Member of the UN, and must respect the inviolability of UN premises and not interfere with the performance of their functions. Israel is also under an obligation to agree and facilitate relief schemes provided by the UN and its entities, including UNRWA.
The Court reaffirmed that Israel, as an occupying Power, is not entitled to any sovereignty in any part of the occupied Palestinian territory, including East Jerusalem, and is not entitled to decide unilaterally with respect to the presence or activities of the UN, other international organizations, or Third States in the occupied Palestinian territory.
This Advisory Opinion comes in the context of Israel’s genocidal war against the Palestinian people. Notwithstanding the recent declaration of a ceasefire, Israel is still using starvation as a method of war and weaponizing aid. This ruling makes very clear that Israel must cease these illegal policies, and that States must pressure Israel into compliance with its obligations in this regard. Israel must immediately lift its unlawful ban on UNRWA and allow all other international organizations invited by Palestine to operate freely and safely in Gaza and the rest of the occupied Palestinian territory, including East Jerusalem.
The State of Palestine calls on Israel, the illegal occupying Power, all States, and the international community at large to uphold their legal obligations and to implement this and previous rulings by the ICJ. Adherence to international law is the only path towards ending the suffering of the Palestinian people, and achieving peace and security in the region and worldwide.
- The full text of the #ICJ Advisory Opinion on the Obligations of Israel in relation to the Presence and Activities of the United Nations, Other International Organizations and Third States in and in relation to the Occupied Palestinian Territory https://go.icj-cij.org/43raTBl
- SUMMARY: https://go.icj-cij.org/3WOc22f
- PRESS RELEASE: https://go.icj-cij.org/43lWwyk