ICJ Rules Israel Must Facilitate UN Humanitarian Aid to Gaza, Rejects Claims Against UNRWA
The International Court of Justice (ICJ) has ruled that Israel is legally obliged to allow and facilitate the delivery of humanitarian aid to the Gaza Strip by the United Nations and its affiliated agencies, ensuring that the basic needs of the Palestinian civilian population are met.
In a landmark advisory opinion, the UN’s top judicial body addressed Israel’s responsibilities toward humanitarian organizations working in Gaza and the occupied West Bank. The ruling places particular emphasis on Israel’s duty to ensure the unhindered flow of food, water, medicine, and other essential supplies to civilians trapped in the ongoing humanitarian crisis.
While the court’s opinion is non-binding, it carries enormous moral, political, and diplomatic weight within the international community.
ICJ Rejects Israel’s Claims Against UNRWA
The ICJ also directly addressed Israel’s accusations against the UN Relief and Works Agency (UNRWA), which provides critical support to Palestinian refugees. Israel had alleged that UNRWA was biased and infiltrated by members of Hamas and other militant groups.
However, the court found that Israel failed to provide credible evidence to support these claims. In its written opinion, the ICJ said Israel had not substantiated its allegations that a “significant number” of UNRWA employees were members of armed factions or that the agency had compromised its neutrality.
UNRWA, which operates schools, health clinics, and food distribution centers across Gaza and the West Bank, has repeatedly rejected these accusations, calling them politically motivated and designed to undermine humanitarian operations in the region.
Following the ruling, Israel’s ambassador to the UN denounced the ICJ’s findings, calling its opinion on UNRWA “shameful.”
Despite the criticism, UN officials and humanitarian organizations have welcomed the ICJ’s stance, saying it reaffirms the importance of protecting civilian life and maintaining humanitarian neutrality amid ongoing conflict.
Background: The UN’s Request and the Scope of the Opinion
The UN General Assembly had formally requested the ICJ’s advisory opinion in December, asking for legal clarity on Israel’s obligations toward UN agencies and international organizations operating in the occupied Palestinian territories, including Gaza.
This request came shortly after Israel’s parliament passed laws banning UNRWA operations within Israeli territory and prohibiting any official contact between Israeli government agencies and the organization.
The court’s review also extended to Israel’s duty to enable humanitarian assistance, particularly in areas suffering from severe shortages of essential supplies.
The ICJ’s opinion underscores the legal principle that occupying powers are bound by international humanitarian law to ensure the welfare of civilians under their control — a framework outlined in the Fourth Geneva Convention.
Humanitarian Crisis in Gaza: A “Man-Made” Catastrophe
The ICJ’s opinion comes against the backdrop of a deepening humanitarian emergency in Gaza, where more than 2.1 million people face ongoing shortages of food, water, medicine, and fuel.
Israel has maintained a strict blockade on Gaza since the beginning of its war with Hamas two years ago, tightening restrictions on the entry of humanitarian aid and commercial goods. In some periods, Israel has completely halted shipments of food and medical supplies, citing security concerns.
Before a fragile ceasefire agreement took effect earlier this month, UN-backed global experts estimated that over 640,000 people were experiencing catastrophic levels of food insecurity, warning of an “entirely man-made famine” in Gaza City.
International agencies have repeatedly said the situation in Gaza constitutes one of the worst humanitarian crises in decades, with malnutrition, disease, and displacement on a massive scale.
Israel has rejected claims of famine, maintaining that it is permitting enough aid to enter Gaza to meet basic needs. Israeli officials have blamed Hamas for diverting supplies and obstructing aid distribution.
What the ICJ Opinion Means
Although advisory opinions from the ICJ are not legally enforceable, they carry significant influence in shaping international law, guiding UN policy, and setting moral precedents.
The court’s opinion reinforces the UN’s authority to deliver aid in conflict zones and puts pressure on Israel to cooperate with humanitarian agencies rather than restrict their access.
Legal experts say the ICJ’s findings could bolster diplomatic and humanitarian efforts aimed at easing the blockade and restoring basic living conditions for Gaza’s civilians.
“This opinion underscores the urgent need for unhindered humanitarian access,” said one international law scholar. “It also highlights that states have an obligation not to obstruct the work of neutral humanitarian actors like the UN.”
International Reaction and Diplomatic Implications
The ICJ’s decision has drawn strong reactions from across the international community.
Human rights groups hailed the opinion as a victory for humanitarian law, urging Israel to comply with its international obligations and allow the free flow of aid into Gaza.
The European Union and several Middle Eastern governments have called on Israel to implement the ruling immediately, warning that continued obstruction of aid could deepen the humanitarian catastrophe.
In contrast, Israeli officials insist the blockade and aid restrictions are necessary for national security reasons, pointing to repeated attacks by Hamas and other militant factions.
“Israel cannot allow unchecked deliveries that strengthen terrorist organizations,” an Israeli government spokesperson said. “We remain committed to helping civilians but must ensure that aid does not empower Hamas.”
Meanwhile, Palestinian officials have praised the ICJ opinion, describing it as a long-overdue acknowledgment of the collective suffering of Gaza’s population and the international community’s duty to act.
UNRWA’s Role and the Broader Aid Effort
UNRWA, founded in 1949, plays a vital role in providing education, healthcare, and emergency relief to millions of Palestinian refugees across Gaza, the West Bank, Jordan, Lebanon, and Syria.
Its operations have been under severe strain since the war began, with dozens of facilities damaged or destroyed. Despite this, UNRWA continues to serve as the backbone of humanitarian relief in Gaza, coordinating food aid, shelter, and medical services.
The ICJ’s affirmation of UNRWA’s neutrality could help restore donor confidence in the agency, which has faced funding cuts and political attacks in recent years. Several countries, including the United States, temporarily suspended funding after Israeli allegations surfaced earlier this year, though investigations have since found no evidence of systemic wrongdoing.
Looking Ahead: A Call for Accountability and Cooperation
The ICJ’s advisory opinion has reignited global calls for greater accountability and urgent humanitarian action in Gaza.
Legal observers note that the court’s findings will likely influence future discussions at the UN General Assembly and Security Council, where debates over Israel’s conduct in Gaza have long been contentious.
Humanitarian organizations are now urging all parties to translate the ICJ’s opinion into practical steps, emphasizing that the priority must remain the protection of civilians and the unimpeded delivery of life-saving assistance.
As the humanitarian crisis continues, the ICJ’s ruling serves as a reminder of international law’s moral authority, even in the face of political resistance.
“This opinion doesn’t just speak to Israel’s legal obligations,” one UN diplomat said. “It speaks to our collective responsibility to ensure that humanitarian principles are upheld — even in the most difficult circumstances.”