ICJ Rules Israel Must Allow UN Access and Humanitarian Aid to Gaza
The advisory opinion — requested by the United Nations General Assembly — comes amid deepening humanitarian crisis in Gaza and growing international scrutiny over restrictions on aid convoys and the operations of UN agencies. The Court’s findings, while not legally binding in the same way as a judgment, carry substantial weight in shaping international law and diplomatic practice.
At the heart of the Court’s ruling is a clear assertion: Israel must facilitate, not hinder, the work of the UN and its affiliated humanitarian agencies. This includes agencies providing food, medical care, education, and shelter in Gaza and the West Bank. The Court emphasized that the privileges and immunities of the United Nations — its personnel, property, and operations — must be respected in full to enable the organization to carry out its mandate effectively.
In a direct reference to recent Israeli measures against the United Nations Relief and Works Agency (UNRWA), the Court rejected Israel’s claims that the agency had been infiltrated by militant groups. The ICJ found that Israel had not provided credible evidence to substantiate such allegations and ruled that the agency must be allowed to resume and continue its activities unhindered.The Court also reaffirmed its earlier positions from past rulings, declaring that Israel must halt construction of the separation wall inside the occupied Palestinian territory and make reparations for damages caused. The wall, the judges noted, continues to infringe on Palestinian rights to movement, property, and livelihood.
Legal experts described today’s opinion as a reaffirmation of core principles of international humanitarian law. “The ICJ has drawn a bright line around the obligations of an occupying power,” said one international law scholar in The Hague. “Israel cannot claim both control over the territory and exemption from responsibility for the people living there.”
The opinion underscores Israel’s duty to ensure that humanitarian assistance — including food, medical supplies, and fuel — reaches civilians without obstruction. It comes as aid groups warn of worsening famine conditions in Gaza, where electricity shortages, limited water access, and collapsing health infrastructure have deepened what UN officials call a “catastrophic” humanitarian situation.
Although advisory opinions are not enforceable, they carry moral and political authority and often influence United Nations policy, international diplomacy, and the conduct of states. The ICJ’s pronouncement is expected to heighten pressure on Israel to lift restrictions on aid deliveries and to engage with UN agencies working in the territory.
Palestinian officials hailed the decision as a “legal and moral victory,” urging the international community to ensure its implementation. Israeli officials, however, dismissed the opinion as politically motivated and reiterated that security concerns justify continued oversight of aid entering Gaza.
Still, for many observers, the Court’s message was unmistakable: humanitarian obligations cannot be overridden by political disputes or security claims. “This opinion puts the focus squarely on the human cost of occupation,” said a UN official familiar with the proceedings. “It’s a reminder that international law exists to protect people — especially in times of crisis.”
Whether the opinion will alter realities on the ground remains uncertain. But by reaffirming the duties of an occupying power and the legitimacy of UN humanitarian work, the ICJ has added fresh legal weight — and urgency — to calls for unfettered humanitarian access to Gaza’s beleaguered population.