UN General Assembly seeking ICJ advisory opinion on Israel’s obligations in occupied Palestinian territory

The United Nations General Assembly has formally requested the International Court of Justice (ICJ) to provide an advisory opinion on Israel’s obligations as an occupying power in relation to the presence and activities of the UN, other international organizations, and third states in the occupied Palestinian territory.

The decision comes amid heightened tensions in the region and increased international focus on the humanitarian and developmental needs of Palestinians.

Israel’s decision to ban the operations of the UN Palestinian refugee agency, UNRWA, in the country, along with challenges faced by other UN agencies in delivering aid to Gaza over the past year, prompted the move.

The International Court of Justice (ICJ), also known as the World Court, is the UN’s highest judicial body.

While its advisory opinions carry significant legal and political weight, they are not legally binding and lack enforcement mechanisms.

Under international humanitarian law, occupying powers are obligated to consent to relief efforts for those in need, facilitate such programs “by all means at their disposal”, and ensure adequate food, medical care, hygiene, and public health standards.

Although the new Israeli law does not explicitly ban UNRWA operations in the West Bank and Gaza, it is expected to severely hinder the agency’s ability to function effectively.

Senior UN officials and the Security Council have described UNRWA as the cornerstone of humanitarian aid efforts in Gaza.

Israel has continued a genocidal war on Gaza that has killed more than 45,300 people, most of them women and children, since an attack by Hamas on Oct. 7, 2023.

Last month, the International Criminal Court issued arrest warrants for Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for war crimes and crimes against humanity in Gaza.

Israel is also facing a genocide case at the International Court of Justice for its actions in Gaza.

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