THE HAGUE – In a significant ruling with profound legal and political implications, the United Nations’ top court has ordered Israel to allow and support the unfettered delivery of humanitarian aid to the Gaza Strip and to ensure the basic survival needs of the Palestinian population are met.
The International Court of Justice (ICJ), also known as the World Court, issued the binding provisional measures on Wednesday as part of a broader case brought by South Africa accusing Israel of state-led genocide. The panel of judges found the situation in Gaza sufficiently dire to require immediate action to prevent irreparable harm.
The Court’s Ruling and Legal Basis
Presiding Judge Yuji Iwasawa, reading the unanimous decision, stated, “As the occupying power, Israel is obliged to ensure the basic needs of the civilian population, including the supplies essential for their survival.” He explicitly listed these necessities as food, water, electricity, fuel, shelter, and medical supplies.
The court ordered Israel to:
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Take all necessary and effective measures to ensure the unimpeded provision of basic services and humanitarian assistance.
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Increase the capacity and number of land crossing points for aid and keep them open for as long as necessary.
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Cooperate fully with the United Nations and other aid agencies, specifically mentioning the need to support the work of UNRWA, the primary UN relief agency in Gaza.
The judges emphasized that Israel cannot use “starvation as a weapon of war,” a core principle of international humanitarian law.
Israel’s Rejection and Accusations Against UNRWA
Israel immediately and categorically rejected the ruling. In a statement on X, Israel’s foreign ministry said, “Israel fully upholds its obligations under international law,” and accused the court of ignoring “the role of Hamas in exploiting civilian infrastructure and aid for its terrorist purposes.”
Central to the dispute is UNRWA, which Israel banned from operating in northern Gaza last year. Israel alleges that a significant number of UNRWA employees are members of Hamas and other militant groups, claiming the agency is “infested with terror activities.”
However, the ICJ judges noted that Israel had not substantiated its claims of widespread Hamas infiltration within UNRWA. The UN itself has acknowledged firing several staff members last year over allegations of involvement in the October 7th attacks and has launched multiple independent investigations into the agency’s neutrality.
A Deepening Humanitarian Catastrophe
The court’s ruling comes against a backdrop of a severe and worsening humanitarian crisis. UN officials have reported that Gaza has crossed the threshold into famine, with aid deliveries failing to meet the massive scale of need. While a recent ceasefire agreement called for 600 aid trucks to enter Gaza daily, the UN reports that the actual number remains far lower.
Paul Reichler, a lawyer representing the Palestinian side, highlighted the stark contradiction the court identified. “On the one hand, you have the court finding that starvation as a method of warfare is illegal, and on the other, the court found that Israel deliberately prevented food from reaching the civilian population in Gaza,” he said.
This is not the first time the ICJ has ruled against Israeli policy this year. In a separate advisory opinion, the court found that Israel’s decades-long occupation of Palestinian territories is illegal and must end “as rapidly as possible.”
Broader Implications and Next Steps
While the ICJ’s provisional measures are legally binding, the court lacks its own enforcement mechanism. Compliance relies on political pressure and the authority of the UN Security Council, where the United States, a key Israeli ally, holds a veto power. Nonetheless, the ruling intensifies Israel’s international legal isolation and adds weight to ongoing diplomatic efforts to secure a lasting ceasefire and address the humanitarian emergency.
The court has given Israel one month to submit a report detailing the steps it has taken to comply with the order. The broader case on the genocide allegations is expected to take years to reach a final conclusion, but Wednesday’s decision serves as an urgent interim judgment on the unfolding catastrophe in Gaza.
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