Middle East, The Hague Court: ‘Israel must allow UNRWA to provide aid to Gaza’

The Hague (Netherlands), 22 October (LaPresse/AP) – The International Court of Justice, based in The Hague, has ruled that Israel must allow the UN agency for Palestinian refugees, UNRWA, to provide humanitarian assistance in Gaza. The United Nations General Assembly asked the Court last year to issue an advisory opinion on Israel's legal obligations after the country effectively banned UNRWA, the main provider of aid to Gaza, from operating in the territory. Israel ‘has an obligation to accept and facilitate relief programmes provided by the United Nations and its entities, including UNRWA,’ the president of the International Court of Justice said. Israel has denied violating international law, arguing that the Court's proceedings are biased, and did not participate in the April hearings, but the country did submit a 38-page written statement to the Court. The advisory opinion comes as a fragile US-brokered ceasefire agreement for Gaza has been in place since 10 October. Advisory opinions carry significant legal weight, and experts say the case could have broader implications for the UN and its missions around the world. UNRWA was effectively ousted from the Strip in January and has been criticised by Israeli Prime Minister Benjamin Netanyahu and his far-right allies, who say the group is deeply infiltrated by Hamas. The UN agency rejects this accusation, and the International Court of Justice has ruled that Israel has not ‘proved the allegations,’ said Court President Yuji Iwasawa. According to the Court, the population of the Gaza Strip has been ‘inadequately supplied’ and Israel is required to ensure that the ‘basic needs of the local population’ are met. Today's opinion is separate from the ongoing proceedings initiated by South Africa, which accuses Israel of committing genocide in Gaza. Israel rejects South Africa's accusation and accuses the country of providing political cover for Hamas. Last year, another Hague-based court, the International Criminal Court (ICC), issued arrest warrants for Netanyahu and his former defence minister, Yoav Gallant, alleging that the two used ‘starvation as a method of warfare’ by limiting humanitarian aid and intentionally targeting civilians, charges that Israeli officials strongly deny. The advisory opinion of the International Court of Justice emphasised that Israel ‘must not use the starvation of the civilian population as a method of warfare’.