[News] International Court of Justice says Israel has obligation to ensure and facilitate humanitarian relief to Palestinians

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Wed Oct 22 12:43:22 EDT 2025


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<https://www.middleeasteye.net/news/icj-rules-israel-ban-unrwa-aid-blockade> 



  ICJ rules Israel’s ban on Unrwa and aid blockade violate international law

Sondos Asem

The International Court of Justice says Israel has obligation to ensure 
and facilitate humanitarian relief to Palestinians

Published date: 22 October 2025

The world's top court on Wednesday ruled that Israel 
<https://www.middleeasteye.net/countries/israel>'s ban on the UN's main 
humanitarian provider to Palestinians 
<https://www.middleeasteye.net/countries/palestine> and its restrictions 
on aid to Gaza and the occupied West Bank violate international law.

The court unanimously found that Israel as an occupying power is 
required to fulfil its obligations in under international humanitarian 
law, includingto ensure that Palestinians have essential supplies of 
daily life including food, medical supplies and shelter.

It also ruled by 10 votes to 1 that Israel must agree to and facilitate 
by all means at its disposal relief schemes for the people of Gaza and 
not impede them.

That includes those provided by the United Nations and its entities, in 
particular the UN agency for Palestinian refugees, Unrwa.

The court also ruled that Israel must abide by its obligations under 
international law not to forcibly displace or transfer the population 
under its occupation, and to respect the prohibition of the use of 
statvation as a method of war.

The court added that Israel must cooperate in good faith with the United 
Nations, including Unrwa, and to respect and ensure respect for 
the privileges and immunites accorded to the UN's premises and officials.

In its advisory opinion, the court found that Israel has failed to 
substantiate its claims that a significant number of Unrwa staff are 
affiliated to Hamas.

It also emphasised its opinion that Unrwa is "impartial" and 
indispensable for the provision of relief to Palestinians, as mandated 
by the UN General Assembly.

The court also noted Israel's total siege on Gaza between 2 March and 18 
May, and the attempt to replace the work of the UN with the highly 
controversial Gaza Humanitarian Foundation (GHF).

The court found that Israel, through the GHF, had not ensured that the 
population of the Gaza Strip is adequately supplied as required by 
international humanitarian law.

"The court notes the UN acting through Unrwa had been an indispensable 
provider of humanitarian relief," the opinion read.

"The court considers that Israel is under an obligation to agree to and 
faciliate relief schemes provided by the UN and its entities, including 
Unrwa."

The advisory opinion comes six months after hearings 
<https://www.middleeasteye.net/news/israels-gaza-humanitarian-blockade-unconscionable-and-deeply-illegal-says-norway-deputy> 
by the International Court of Justice (ICJ) in The Hague, where more 
than 40 states and international organisations presented evidence mostly 
arguing that Israel had breached its international legal obligations to 
facilitate the entry of aid to the Palestinian population under its 
occupation.

Only the US 
<https://www.middleeasteye.net/news/us-tells-icj-international-law-allows-israel-attack-un-agencies-are-impartial> 
and Hungary disputed the majority opinion, arguing for an interpretation 
of international humanitarian law in favour of limiting such obligation 
due to military necessity and Israel's security.

The case was prompted by Israel banning Unrwa, the UN agency for 
Palestinian refugees, in October 2024, an event that sparked global 
outrage and calls for Israel to be ejected from the United Nations due 
to accusations that it violated the founding  charter, particularly the 
privileges and immunities enjoyed by its agencies.

Wednesday’s ruling is the third advisory opinion case since 2004 to be 
heard before the ICJ in relation to Israel’s violations of international 
law.

ICJ advisory opinions are highly authoritative among states and the 
court's interpretation of a legal question is considered binding as a 
matter of general international law.

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