UN’s top court rebukes Israel over Gaza aid restrictions during war

UNRWA Commissioner-General Philippe Lazzarini welcomed what he called an “unambiguous ruling,” saying the agency is ready to “immediately scale up the humanitarian response in Gaza and help alleviate the suffering of the civilian population.”

Israel rejects the ruling

Israel swiftly dismissed the court’s advisory opinion, accusing the judges of bias. In a statement, the Israeli Ministry of Foreign Affairs said the country “fully upholds its obligations under International Law” but “will not cooperate with an organization that is infested with terror activities” — a reference to its long-standing claim that Hamas has infiltrated UNRWA.

The ICJ, however, found that Israel had failed to substantiate those allegations. The court also said Gaza’s population had been “inadequately supplied,” stressing that Israel must ensure the “basic needs of the local population” are met.

Humanitarian pressure builds

The ruling comes as a fragile US-brokered ceasefire between Israel and Hamas continues to hold after taking effect on October 10. UN Secretary-General António Guterres called the ICJ’s decision “an important moment,” urging Israel to comply.

“This decision comes at a moment when we are doing everything we can to boost humanitarian aid in Gaza,” Guterres told The Associated Press in Geneva. “Its impact is decisive in allowing us to reach the level necessary to respond to the tragic situation faced by the people of Gaza.”

Palestinian representatives hailed the ruling as a moral and legal victory. “It is clear, unequivocal, and conclusive,” said Ammar Hijazi, the Palestinian ambassador to the Netherlands. “Israel now has no pretext, no context, no excuse to block UNRWA.”

A pattern of defiance

This is not the first time the world’s top court has ruled against Israeli policies. In a 2004 opinion, the ICJ found Israel’s West Bank separation barrier “contrary to international law.” Last year, it said Israel’s occupation of Palestinian territories was unlawful and called for an immediate halt to settlement construction — a ruling that helped bolster global momentum for recognizing Palestinian statehood.

Advisory opinions from the ICJ are legally significant but nonbinding, meaning Israel faces no direct penalties for ignoring the decision. Still, experts say Wednesday’s opinion adds weight to growing international scrutiny of Israel’s actions in Gaza, particularly in relation to humanitarian access.

Implications for Netanyahu

The decision also intersects with proceedings at the International Criminal Court (ICC), where prosecutors have sought arrest warrants for Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant. They are accused of using “starvation as a method of warfare” by restricting humanitarian aid — allegations Israel rejects.

“The ICJ’s advisory opinion provides strong legal support for the case against Netanyahu,” said Tom Dannenbaum, a law professor at Stanford University, AP reported.

The war, now in its second year, began after Hamas’ surprise attack on southern Israel on October 7, 2023, killed about 1,200 people and saw roughly 250 hostages taken. Israel’s retaliatory campaign has since devastated Gaza, killing more than 68,000 people, according to the territory’s Health Ministry.

While Israel disputes those figures, UN agencies and independent experts regard them as the most reliable available. The ICJ noted that Israel “is not to use starvation of the civilian population as a method of warfare,” reinforcing global concerns over the dire humanitarian toll.