Top UN court says Israel must allow UN relief agency to supply Gaza aid
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The International Court of Justice says Israel must allow the UN aid agency in Gaza, known as UNRWA, to provide humanitarian assistance to the war-torn territory.

Last year, the UN General Assembly sought an advisory opinion from the court regarding Israel’s legal responsibilities following the country’s effective prohibition of the UN agency for Palestinian refugees, the primary aid provider in Gaza, from operating there.

The court’s president, Yuji Iwasawa, stated on Wednesday that Israel “must consent to and facilitate relief initiatives offered by the United Nations and its agencies, including UNRWA.”

Presiding Judge Yuji Iwasawa, second right, starts reading the advisory opinion of the International Court of Justice on what Israel must do to ensure humanitarian aid reaches Palestinians in Gaza and the occupied West Bank, in The Hague, Netherlands, on Wednesday, October 22, 2025. (AP Photo/Peter Dejong)

While Israel has rejected claims of breaching international law, branding the court’s process as biased, it opted not to attend the hearings in April. Nevertheless, it submitted a detailed 38-page written response for the court’s consideration.

This advisory opinion from the World Court emerges amidst a delicate ceasefire in Gaza, brokered by the US, which has been in effect since October 10 and remains intact.

Though advisory opinions are not binding, they hold considerable legal influence, and experts suggest this case could have broader implications for the UN and its global missions.

The proceedings predate the current fragile US-brokered Gaza ceasefire agreement, which took effect on October 10, and aims at ending the two-year war in the Palestinian enclave. Though still in effect, the shaky truce was tested earlier this week after Israeli forces launched a wave of deadly strikes, saying Hamas militants had killed two soldiers.

Under the agreement, 600 humanitarian aid trucks are to be allowed to enter daily.

The UN has announced plans to ramp up aid shipments into Gaza. On Monday, Hamas chief negotiator Khalil al-Hayya told Egypt’s Al-Qahera News that Israel has complied with aid deliveries per the ceasefire agreement.

During the hearings in April, Palestinian ambassador to the Netherlands Ammar Hijazi told the 15-judge panel that Israel was “starving, killing and displacing Palestinians while also targeting and blocking humanitarian organisations trying to save their lives”.

Palestinian Ambassadors to the United Nations Ammar Hijazi, right, waits for the reading of the advisory opinion of the International Court of Justice on what Israel must do to ensure humanitarian aid reaches Palestinians in Gaza and the occupied West Bank, in The Hague, Netherlands, on Wednesday, October 22, 2025. (AP Photo/Peter Dejong)

Israel’s ban on the UN agency in Gaza, known as UNRWA, came into effect in January.

The organisation has faced increased criticism from Israeli Prime Minister Benjamin Netanyahu and his far-right allies, who claim the group is deeply infiltrated by Hamas. UNRWA rejects that claim.

In March, Israel cut off all aid shipments for three months, leading to severe food shortages in the Palestinian territory.

Palestinians collect water from a truck amid the destruction caused by the Israeli air and ground offensive in Gaza City, Thursday, Oct. 16, 2025. (AP Photo/Jehad Alshrafi) (AP)

Eventually, Israel allowed in some aid while pushing forward with a highly criticised plan to shift aid distribution to the Gaza Humanitarian Foundation, a private US-backed group.

Conditions continued to worsen and international food experts declared a famine in parts of Gaza in August.

Israel has claimed there was enough food in Gaza and accused Hamas of hoarding supplies.

GHF has suspended its operations after the latest ceasefire was reached.

Abdullah Ashour, 7, who suffers from burns caused by hot food, sits beside his empty plate after a meal at his family's tent in a camp set up at a former UNRWA school in central Gaza City, Saturday, May 24, 2025. (AP Photo/Jehad Alshrafi)
Abdullah Ashour, 7, who suffers from burns caused by hot food, sits beside his empty plate after a meal at his family’s tent in a camp set up at a former UNRWA school in central Gaza City, Saturday, May 24, 2025. (AP Photo/Jehad Alshrafi) (AP)

Advisory opinions issued by the UN court are described as “nonbinding” as there are no direct penalties attached to ignoring them. However, the treaty that covers the protections that countries must give to UN personnel says that disputes should be resolved through an advisory opinion at the ICJ and the opinion “shall be accepted as decisive by the parties”.

The UN General Assembly asked for the ICJ’s guidance in December 2024 on “obligations of Israel … in relation to the presence and activities of the United Nations … to ensure and facilitate the unhindered provision of urgently needed supplies essential to the survival of the Palestinian civilian population”.

“We cannot let states pick and choose where the UN is going to do its work. This advisory opinion is a very important opportunity to reinforce that,” Mike Becker, an expert on international human rights law at Trinity College Dublin, told The Associated Press ahead of the hearings in April.

Presiding Judge Yuji Iwasawa, third from right, starts reading the advisory opinion of the International Court of Justice on what Israel must do to ensure humanitarian aid reaches Palestinians in Gaza and the occupied West Bank, in The Hague, Netherlands, on Wednesday, October 22, 2025. (AP Photo/Peter Dejong)

The ICJ has issued other advisory opinions on Israeli policies. Two decades ago, the court ruled that Israel’s West Bank separation barrier was “contrary to international law”. Israel boycotted those proceedings, saying they were politically motivated.

In another advisory opinion last year, the court said that Israel’s presence in the occupied Palestinian territories is unlawful and called on it to end, and for settlement construction to stop immediately. That ruling fuelled moves for unilateral recognition of a Palestinian state. Israel condemned the decision, saying it failed to address the country’s security concerns.

Arrest warrants for Netanyahu

Last year, another tribunal in The Hague, the International Criminal Court, issued arrest warrants for Netanyahu and his former defense minister, Yoav Gallant, alleging the pair have used “starvation as a method of warfare” by restricting humanitarian aid and have intentionally targeted civilians — charges Israeli officials strongly deny.

The advisory opinion at the ICJ is separate from the ongoing proceedings initiated by South Africa, accusing Israel of committing genocide in Gaza. Israel rejects South Africa’s claim and accuses it of providing political cover for Hamas.

Mourners carry bodies of Palestinians killed by Israeli fire, during their funeral in Deir al-Balah, Gaza Strip, Sunday, Oct. 19, 2025. (AP Photo/Abdel Kareem Hana) (AP)

The war in Gaza was triggered by Hamas’ surprise attack on southern Israel that left 1200 dead and 250 taken hostage. Israel’s retaliatory offensive in the Palestinian territory has killed more than 68,000 people, according to Gaza’s Health Ministry.

The ministry’s figures are seen as the most reliable by UN agencies and independent experts. Israel has disputed them without providing its own toll.

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