ICJ: Israel must allow UNRWA to deliver aid to Gaza and not use starvation as a weapon of war

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Afrasianet - The  International Court of Justice (ICJ) on Wednesday called on Israel to allow the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) to provide humanitarian aid to the war-torn Gaza Strip for more than two years, stressing that Israel is "obliged to facilitate relief plans provided by the United Nations and its agencies, including UNRWA."


The decision was part of an advisory opinion requested by the UN General Assembly last year on Israel's legal obligations, after effectively preventing it from enabling UNRWA, Gaza's main aid provider, to operate in the enclave.


The court's president, Yoji Iwasawa, said the court "reminds Israel of Israel's duty not to use the starvation of the civilian population as a means of war," stressing that Tel Aviv is obligated to support international relief efforts.


Although not legally binding, the advisory opinion carries "significant legal weight and moral authority" and could increase international pressure on Israel to allow more humanitarian aid into Gaza.


This is the third decision issued by the court on Israel's actions in the Palestinian territories since the outbreak of the war in Gaza, as it had previously considered the Israeli occupation of the Palestinian territories "illegal" in July last year and previously issued a judgment in the genocide case in which Israel called on Israel to take all necessary measures to prevent the commission of genocide in the Strip.


During the court's hearing in The Hague, Iwasawa explained that the aim was to provide an advisory opinion that would define Israel's duties as an occupying power in facilitating humanitarian access, and to clarify its obligations to the United Nations and international bodies, including ensuring the provision of supplies necessary for the survival of Palestinians.


During the hearings last April, the judges heard interventions from dozens of countries and organizations, most of which focused on the situation of UNRWA, while Israel refused to participate in the hearings, deeming the court "biased."


Israeli Foreign Minister Gideon Sa'ar said at the time that these actions were "part of a systematic oppression of Israel," adding that "it is the United Nations and UNRWA who should be prosecuted, not Israel."


Commenting on the resolution, Israel's representative to the United Nations, Danny Danon, called the court's opinion "shameful," saying, "They hold Israel responsible for its lack of cooperation with UN bodies, but they have to blame themselves... UNRWA is an organization that has supported Hamas for years."


Israel had banned UNRWA's work after accusing a number of its staff of participating in the October 7, 2023 attack.


However, an independent report led by former French Foreign Minister Catherine Colonna in April 2024 noted that Israel had not provided evidence to support its claims that "a significant number of UNRWA staff are members of terrorist organizations," despite acknowledging that there were "issues of neutrality."


Hamas: Affirmation of Genocide


Hamas said the decision to oblige Israel to stop using starvation as a weapon of war confirms that the latter is committing "a form of genocide" in Gaza.


Hamas pointed out that the resolution constitutes a call to the international community to take immediate action to ensure that aid is not politicized or used as a tool of pressure by the occupation, stressing that Israel is responsible for the martyrdom of about 463 Palestinians, including 157 children, since October 8, 2023, among more than 68,000 martyrs and the injury of about 170,000 Palestinians during the war.


Lifeline


UNRWA Director-General Philippe Lazzarini described his agency as a "lifeline" for some six million Palestine refugees, noting that some 12,000 staff are still working in Gaza, despite more than 370 of them killed since the start of the war, and that the agency seeks to play a key role in the reconstruction of the Gaza Strip after the ceasefire reached earlier this month.


On the eve of the decision, WFP spokeswoman Abeer Atifa said some 530 truckloads of 6,700 tons of food had entered Gaza since the ceasefire began, enough to feed half a million people for two weeks. But she said the daily volumes, of about 750 tonnes, were still well below the target of about 2,000 tonnes per day.


These developments come at a time when Israel is facing a series of international judicial proceedings over its war on Gaza, including the genocide case filed by South Africa before the same court, and the arrest warrants issued by the International Criminal Court against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant.


 The International Court of Justice (ICJ) began its ruling on Israel's obligations to agencies providing humanitarian assistance to Palestinians in the Gaza Strip.


The court's president, Yuji Iwasawa, opened the session, which aims to provide an "advisory opinion" outlining Israel's duty to facilitate the entry of aid into Gaza.


The UN asked the International Court of Justice to clarify Israel's obligations as an occupying power to the international organization and other bodies "including to ensure and facilitate the unimpeded provision of urgent and necessary supplies" for the "survival" of the Palestinians.


The agency still has 12,000 staff in Gaza and aims to play a key role in the reconstruction of the enclave after a ceasefire reached earlier this month.


According to the agency, more than 370 UNRWA staff have been killed since the beginning of the war.


Israel faces several judicial proceedings under international law over the war in Gaza.

 

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