By Janet Ekstract, NEW YORK – On April 28, The International Court of Justice (ICJ) at The Hague in the Netherlands began a week of hearings on what Israel’s legal obligations are with regard to humanitarian aid to the Palestinians along with a Palestinian submission. The hearing was prompted due to Israel’s 50-day plus total blockade on aid to war-torn Gaza. The World Food Program (WPF) has already declared that its food stocks in Gaza have run out and a number of countries have repeatedly called on Israel to allow the free flow of humanitarian aid into Gaza. Top aid officials warned months ago that aid is just sitting at the border of Gaza and Egypt but blocked from entering the Gaza Strip. Israel has been accused multiple times of weaponizing humanitarian aid and committing the act of ethnic cleansing against the Palestinian people. The U.N. General Assembly approved a resolution in December requesting the ICJ present an advisory opinion on the issue “on a priority basis and with the utmost urgency.” The U.N. asked judges to make clear exactly what Israel’s legal obligations toward the U.N. and its agencies, international organizations or third party states is, to “ensure and facilitate the unhindered provision of urgently needed supplies, essential to the survival of the Palestinian civilian population.” The resolution put forth by Norway was adopted by a large majority.
On Monday, Palestinian ambassador to the Netherlands, Ammar Hijazi made an impassioned plea to the ICC on the issue, accusing Israel of using humanitarian aid as a weapon of war. As Hijazi told the court: “That’s really the heart of why Palestine and 40 other States are addressing the court today. It is not about the number of aid trucks Israel is or is not allowing into the occupied Palestinian territories, especially Gaza. It is not about Israel destroying the fundamentality. It is about Israel destroying the fundamentals of life in Palestine, why it blocks U.N. and other humanitarians from providing lifesaving aid to the population.” Hijazi added: “It is about Israel unraveling fundamental principles of international law including their obligations under the U.N. Charter. It is about Israel turning Palestine, in particular, Gaza, into a mass grave for Palestinians and those coming to their aid.”
Meanwhile, 38 additional countries will address the 15-judge panel, including the U.S., China, France, Russia and Saudi Arabia. The League of Arab States, the Organization of Islamic Cooperation and the African Union are expected to make submissions. Though it’s common knowledge that ICJ advisory opinions are not legally binding, the court stated that it believes those opinions “carry great legal weight and moral authority.” In July 2024, the ICJ issued an advisory opinion that confirmed Israel’s occupation of Palestinian territories was “unlawful” and must end as soon as possible. Norway’s proposal was prompted by an Israeli law banning the U.N. agency for Palestinian Refugees, UNRWA from operating on Israeli territory. On April 23, the foreign ministers of France, Germany and the U.K. in a joint statement, condemned Israel’s ongoing blockade of humanitarian aid to Gaza, calling for an immediate resumption of unrestricted aid delivery and new efforts to achieve a lasting ceasefire. In part, their statement read: “Israel has not fully blocked the entry of humanitarian aid into Gaza for over fifty days,” adding “Essential supplies are either no longer available or quickly running out. Palestinian civilians – including one million children – face an acute risk of starvation, epidemic disease and death. This must end.” Their joint statement emphasized the neutrality of humanitarian work, urging that aid must be allowed to reach those who need it, regardless of political or military developments.
