International Court of Justice Rules Israel’s Ban on UN Palestinian Aid Agency Violates International Law

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The International Court of Justice (ICJ), the world’s highest judicial body, has ruled that Israel’s ban on the United Nations Relief and Works Agency (UNRWA) and its restrictions on humanitarian aid to Gaza and the occupied West Bank constitute violations of international law.

In a landmark unanimous ruling, the court found that Israel, as an occupying power, is legally obliged under international humanitarian law to ensure that Palestinians have access to essential supplies — including food, medicine, and shelter — and to allow the unhindered operation of international relief agencies.

By a margin of 10 votes to 1, the court further ordered Israel to “agree to and facilitate by all means at its disposal relief schemes for the people of Gaza and not impede them,” including those conducted by UN agencies such as UNRWA.

The ICJ’s advisory opinion emphasised that Israel must:

  • Cooperate in good faith with the United Nations, including UNRWA.

  • Respect the privileges and immunities of UN premises and officials.

  • Refrain from forcibly displacing the population under its occupation.

  • End the use of starvation as a method of warfare, in accordance with international law.

The court rejected Israel’s claim that a significant number of UNRWA staff were affiliated with Hamas, stating that Israel had “failed to substantiate” such allegations. It reaffirmed UNRWA’s “impartial and indispensable” role in providing humanitarian assistance as mandated by the UN General Assembly.

The ICJ also criticised Israel’s total siege on Gaza between 2 March and 18 May, and its attempt to replace UN relief operations with the controversial Gaza Humanitarian Foundation (GHF). The judges found that Israel had not ensured adequate humanitarian supply through the GHF as required by international law.

“The Court notes that the UN, acting through UNRWA, had been an indispensable provider of humanitarian relief,” the ruling stated. “Israel is under an obligation to agree to and facilitate relief schemes provided by the UN and its entities, including UNRWA.”

The case followed Israel’s October 2024 ban on UNRWA, which provoked international condemnation and calls for Israel’s suspension from the United Nations for breaching the UN Charter and violating the privileges and immunities of its agencies.

During the six-month hearing, more than 40 countries and international organisations presented evidence largely supporting the position that Israel had breached its legal duty to facilitate humanitarian aid to occupied Palestinian territories. Only the United States and Hungary argued otherwise, citing security and military considerations.

This is the third ICJ advisory opinion since 2004 concerning Israel’s conduct in occupied Palestinian territories. While advisory opinions are not directly enforceable, they carry significant legal and moral authority and are regarded as binding interpretations of international law by states and UN bodies.

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