Israel must allow UN aid into Gaza: ICJ

The United Nations' top legal body, the International Court of Justice (ICJ), on Wednesday gave an advisory opinion saying that Israel is under the obligation to ensure the basic needs of the civilian population in Gaza are met.

The panel of 11 judges added Israel has to support relief efforts provided by the United Nations in the Gaza Strip, and UN entities, including UNRWA, the United Nations Relief and Works Agency for Palestine Refugees in the Near East.

"As an occupying power, Israel is obliged to ensure the basic needs of the local population, including the supplies essential for their survival," presiding judge Yuji Iwasawa said. He added that basic needs include food, water, shelter, fuel and medical services.

Advisory opinions of the ICJ, also known as the World Court, carry legal and political weight, but they are not binding and the court has no enforcement power.

The opinion, which was requested by the UN General Assembly in December, clarified the protections states must provide for UN staff and is expected to have effects beyond the Gaza conflict.

In a post on X, Israel's foreign ministry said it categorically rejected the court's findings and added "Israel fully upholds its obligations under international law".

The ICJ judges on Wednesday found that Israel had not substantiated its claims that a significant number of UNRWA employees are Hamas members.

In April this year lawyers for the United Nations and Palestinian representatives at the ICJ accused Israel of breaking international law by refusing to let aid into Gaza between March and May, a time when Israel completely cut off all goods.

Since then, some humanitarian aid has been allowed in but UN officials say it was nowhere near what was needed to ease a humanitarian disaster which crossed the threshold into famine. A ceasefire agreed this month calls for Israel to admit 600 trucks of aid per day, but the UN says far less is entering so far.

The ICJ opinion found Palestinians in Gaza were inadequately supplied and stressed Israel cannot use starvation as a weapon of war.

Paul Reichler, a lawyer acting for the Palestinians, said the findings meant Israel was not complying with its international law obligations.

"On the one hand, you have the court finding that starvation as a method of warfare is illegal, and on the other, the court found that Israel deliberately prevented food from reaching the civilian population in Gaza," he said.

UNRWA, which serves millions of Palestinians by running schools and aid distribution, employs more than 30,000 people.

Within hours of the ruling, Norway said it would propose a UN General Assembly resolution demanding that Israel lift restrictions on Gaza aid.

And the Palestinian delegate to the ICJ, Ammar Hijazi, urged nations to ensure Israel complies with the court to let aid into Gaza.

"The responsibility is on the international community to uphold these values and oblige Israel, bring Israel into compliance," he told reporters.

Before the ruling, Abeer Etefa, Middle East spokeswoman for the UN's World Food Programme (WFP), said 530 WFP trucks had crossed into Gaza since the ceasefire started on October 10.

The trucks had delivered more than 6,700 tonnes of food, which she said was "enough for close to half a million people for two weeks".

Etefa said around 750 tonnes a day were now coming through, well below WFP's target of around 2,000 tonnes daily.

ICJ judges heard a week of evidence in April from dozens of nations and organisations, much of which revolved around the status of UNRWA.

Hijazi told the April hearings that Israel was blocking aid as a "weapon of war", sparking starvation in Gaza.

The case was separate from the others Israel faces under international law over its Gaza campaign.

In July 2024, the ICJ issued another advisory opinion stating that Israel's occupation of the Palestinian territories was "unlawful" and must end as soon as possible.

ICJ judges are also weighing accusations, brought by South Africa, that Israel has broken the 1948 UN Genocide Convention with its actions in Gaza.

Another court in The Hague, the International Criminal Court, has issued arrest warrants for Israel's Prime Minister Benjamin Netanyahu for alleged war crimes and crimes against humanity.