The International Court of Justice (ICJ) has ruled that Israel is obliged under the Geneva Convention to agree to and facilitate relief schemes provided by third states and impartial humanitarian groups, including the International Committee of the Red Cross (ICRC) and the UN agency for Palestinian refugees (UNRWA), to ensure that sufficient aid reaches Palestine's Gaza.
In its detailed opinion on Wednesday, the world court underscored that Israel, as the occupying power, carries an unconditional duty to ensure the local population’s basic needs are met.
It found that the population of Gaza has been "inadequately" supplied within the meaning of Article 59 of the Fourth Geneva Convention, and that Israel must therefore permit and assist humanitarian relief operations.
The court said Israel severely restricted the entry of aid and even blocked the delivery of humanitarian and medical supplies starting this March 2, allowing only limited amounts to resume as of May 19.
It also found no evidence of discrimination in the UNRWA’s distribution of aid based on nationality, race, religion, or political opinion.
"The occupying power may never invoke reasons of security to justify the general suspension of all humanitarian activities in occupied territory," the court said, reiterating that Israel’s obligation to facilitate aid is “unconditional.”
It reaffirmed that the law of occupation applies alongside international humanitarian law governing hostilities, and that Israel must comply with both sets of obligations.
While noting that its opinion focuses on identifying Israel’s legal obligations rather than determining the consequences of any violations, the court stressed that Israel remains bound under international law to respect, protect, and fulfill the human rights of Palestinians in the occupied territories.
"Israel, as an occupying power, is not entitled to sovereignty over or to exercise sovereign powers in any part of the occupied Palestinian territory, including East Jerusalem,” the court said.
It also reiterated Israel’s obligation not to use starvation of the civilian population as a method of warfare.
