Top UN court to rule on Israel's obligations to ensure aid reaches Palestinians

The International Court of Justice (ICJ), the United Nations' highest judicial body, is set to issue an advisory opinion Wednesday on Israel's legal obligations to ensure urgently needed humanitarian aid reaches Palestinians in Gaza and the occupied West Bank.

The ICJ was asked last year by the UN General Assembly to provide guidance after Israel effectively barred the UN Relief and Works Agency for Palestine Refugees (UNRWA) – the main aid provider in Gaza – from operating in the territory. While advisory opinions are legally nonbinding, experts say they carry significant weight and could influence UN operations worldwide.

The request predates the fragile US-brokered Gaza ceasefire, which took effect on Oct. 10. The truce aims to end two years of conflict in the enclave, allowing 600 humanitarian aid trucks to enter daily. Israel has partly complied, and Hamas chief negotiator Khalil al-Hayya confirmed the deliveries to Egypt's Al-Qahera News.

During ICJ hearings in April, Palestinian Ambassador to the Netherlands Ammar Hijazi accused Israel of "starving, killing and displacing Palestinians" while blocking humanitarian organizations from operating. Israel denied violating international law, boycotted the hearings, but submitted a 38-page written statement for consideration.

Israel's ban on UNRWA, in place since January, came amid criticism from Prime Minister Benjamin Netanyahu and his far-right allies, who claim the agency is infiltrated by Hamas – a charge UNRWA denies.

In March, Israel halted all aid for three months, triggering severe food shortages, before allowing partial deliveries through the Gaza Humanitarian Foundation, a US-backed private group. International experts declared a famine in parts of Gaza in August. Israel, however, maintained there was sufficient food and accused Hamas of stockpiling supplies. The GHF has since suspended operations following the recent ceasefire.

Advisory opinions, while nonbinding, are considered "decisive" under treaties governing the protection of UN personnel. The General Assembly's request, submitted in December 2024, sought clarification on Israel's responsibilities "to ensure and facilitate the unhindered provision of urgently needed supplies essential to the survival of the Palestinian civilian population."

Experts emphasize the significance of the ruling. Mike Becker, a human rights law scholar at Trinity College Dublin, said, "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."

The ICJ has previously issued advisory opinions on Israeli policies, including ruling the West Bank separation barrier illegal two decades ago. Last year, the court declared Israel's occupation of Palestinian territories unlawful and called for an immediate halt to settlement construction, a ruling Israel criticized for ignoring its security concerns.

Separately, the International Criminal Court in The Hague issued arrest warrants for Netanyahu and former defense minister Yoav Gallant, alleging they used "starvation as a method of warfare" and intentionally targeted civilians – charges Israeli officials strongly deny. Another case by South Africa accuses Israel of committing genocide in Gaza, which Israel rejects as politically motivated.

The current Gaza war was triggered by a Hamas attack on southern Israel, which killed 1,200 people and left 250 hostages. Israel's retaliatory offensive has killed more than 68,000 Palestinians, according to Gaza's Health Ministry, figures widely regarded as reliable by UN agencies and independent observers, though Israel disputes them.