UN Court Weighs Israel’s Aid Obligations to Gaza Amid Pressure

The United Nations' highest court is set to hear from 40 countries Monday on what actions Israel must take to ensure humanitarian aid reaches Palestinians in Gaza and the occupied West Bank.

The case stems from a 2023 U.N. General Assembly request asking the International Court of Justice (ICJ) to assess Israel’s legal obligations after it barred the U.N. agency for Palestinian refugees, Gaza’s main aid lifeline, from operating. The United States, Israel’s closest ally, opposed the move.

More than a month ago, Israel again cut off all aid to Gaza’s over 2 million residents. Israel disputes claims of shortages, insisting it has the right to block aid, saying Hamas diverts it for its own use.

The ICJ, based in The Hague, has been asked for a non-binding advisory opinion — a legally significant but unenforceable judgment — which could take months.

What is the International Court of Justice?
Created after World War II, the ICJ is a U.N. body tasked with settling disputes between nations. Certain U.N. organizations, like the General Assembly, can request legal opinions from its 15 judges.

All 193 U.N. member states belong to the ICJ, though not all recognize its authority in every case.

Last year, the ICJ delivered a historic rebuke of Israel’s control over Palestinian territories, declaring it illegal and urging an end to the occupation. The court found Israel had no claim to sovereignty in those areas, violated laws against seizing territory by force, and obstructed Palestinian self-determination.

Two decades earlier, the ICJ ruled Israel’s construction of a barrier between Israel and the West Bank violated international law, rejecting Israel’s security arguments.

While Israel has avoided participating in past oral hearings, it has submitted written statements.

What is the genocide case against Israel?
South Africa brought a separate case last year, accusing Israel of genocide over its actions following Hamas' Oct. 7, 2023, attack, which killed about 1,200 people, mostly civilians, and resulted in 251 abductions.

In response, Israel’s military campaign has killed more than 51,000 Palestinians, according to Gaza's Health Ministry, which does not distinguish between civilians and combatants. The devastation has left much of Gaza in ruins and millions displaced.

Israel denies South Africa’s allegations, accusing it of offering political cover for Hamas.

South Africa also asked the ICJ to impose emergency measures to protect Gaza’s civilians. The court has since issued several orders instructing Israel to prevent deaths, destruction, and acts of genocide — though final rulings will take years.

How is the ICJ different from the International Criminal Court?
Unlike the ICJ, which handles legal disputes between nations, the International Criminal Court (ICC), established in 2002, prosecutes individuals for grave crimes like genocide and war crimes.

In November, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defense Minister Yoav Gallant, and Hamas' military chief Mohammed Deif, accusing them of crimes against humanity tied to the Gaza conflict.

The court found reasonable grounds to believe Netanyahu and Gallant used “starvation as a method of warfare” and deliberately targeted civilians — accusations Israel denies.

The ICC’s move marked the first time a sitting leader of a major U.S. ally faced such charges, triggering fierce backlash from Israel’s supporters, including the United States.

Israel and the U.S. are not ICC members, but Palestine is — and in 2021, judges ruled that crimes on Palestinian territory fall within the court’s jurisdiction, reports UNB.