By 
Laetitia Merhi
by Patrick from Pexels
The ICJ received testimonies from 40 countries in hearings for its advisory opinion on Israel’s duty to allow aid into Gaza, with the majority arguing that Israel is legally obligated to ensure humanitarian access to the Strip.
On April 28th, 2025, the International Court of Justice (ICJ) began hearings for its advisory opinion on Israel’s legal duty to allow aid into Gaza and to cooperate with the United Nations Relief and Works Agency for Palestine Refugees (UNRWA). Over five days, officials and lawyers from 40 countries and three international organisations made their pleas in front of the Court in The Hague. On opening day, the State of Palestine’s permanent representative to the Netherlands, Ammar Hijazi, presented testimonies from humanitarian workers in Gaza and stressed Israel’s destruction of “the fundamentals of life” in Palestine.
Nearly every speaker highlighted the dire circumstances that Palestinians face in the Strip. UK government lawyers outlined Israel’s obligations as an occupying power under the Fourth Geneva Convention, stating that it must facilitate the flow of humanitarian aid into Gaza and ensure access to medical care. They also upheld UNRWA’s status as an impartial humanitarian organisation. Similarly, French officials called for all restrictions on aid to be lifted immediately and reminded the Court that UNRWA is the leading humanitarian provider in Gaza.
While both countries recognised Israel’s limited right to choose the organisations that provide aid, they stuck to their view of UNRWA as the most capable entity for the task. Russia told the Court that Israel’s actions are leading to a “crisis of legality and humanity”, arguing that the UNRWA ban violates international norms and warning that Gaza’s humanitarian system will collapse without the agency. Representing the Arab League, international law professor Mohamed Helal reiterated Egyptian sentiments about UNRWA’s vital role in preserving Palestinians’ right of return, maintaining that the UN body is more than an aid agency. In the same vein, the Organisation of Islamic Cooperation’s representative claimed that UNRWA’s activities have protected the Palestinian population against decimation until now.
Israel did not participate in the hearings, but it submitted written arguments. Israeli Foreign Minister Gideon Saar also accused UNRWA, the UN, and the Secretary-General of weaponising international law against Israel’s right to self-defence. The US echoed Israeli criticism of UNRWA as lacking neutrality and argued that Israel was entitled to restrict access on the basis of security threats, suggesting that other organisations could deliver aid.
The UN General Assembly requested the advisory opinion in December 2024 after the Israeli parliament passed two laws that prohibit UNRWA from operating in Gaza and the West Bank, including East Jerusalem. The laws went into effect in January 2025. The emergency in Gaza could push the ICJ to issue a decision rather quickly. However, the Court’s advisory opinions are not binding, though they carry some moral weight.
Sources and further readings:
Comments