The International Court of Justice (ICJ) commenced hearings on Monday to assess whether Israel's blockade of humanitarian aid to Gaza and its suspension of cooperation with the United Nations Relief and Works Agency (UNRWA) violate international law. The proceedings follow a request from the UN General Assembly for an advisory opinion on Israel's obligations under international law.
Israel has chosen not to participate in the oral hearings but submitted written arguments. In its submission, Israel contended on Israel National News that "no obligation exists to respect the immunities of a UN agency where the legitimate security concerns of a member state are severely undermined by the agency in question, whose conduct manifestly contravenes the fundamental principles of neutrality, impartiality and independence"
Representing the Palestinian delegation, Blinne Ní Ghrálaigh stated, "Israel appears set on destroying the framework created to ensure compliance with international law in a way that will have profound consequences that reverberate far beyond Palestine." She described Israel's actions as "antithetical to a peace-loving state," highlighting attacks on UN property and personnel as "unprecedented in the history of the organisation" .
Does International Law Law Apply To Israel ?
Ní Ghrálaigh further emphasized the humanitarian crisis in Gaza, noting that "Gaza is now home to the largest cohort of child amputees in the world, the largest orphan crisis in modern history... over 15,600 children have been killed violently." She warned of Israel's reported plans to annex a portion of Rafah and expand its buffer zone, further isolating Gaza from aid .
IHL, or the laws of war, has existed in some form for thousands of years, but the modern version is set out in the of 1949, alongside other treaties, and customary international law.
It binds states, including Israel, as well as non-state armed groups that are involved in conflict, including Hamas and Islamic Jihad, even though they cannot formally ratify the treaties
UN Undersecretary General for Legal Affairs, Elinor Hammarskjöld, told the court that Israel's unilateral actions jeopardize the core functions of the UN system. "When the basic elements of this legal framework are not observed, the very nature of the work of the organisation on behalf of its member states is in jeopardy," she said. She also affirmed that Israel's UN membership includes legal obligations that ensure the UN's ability to function, such as "good faith and cooperation with the organisation, respect for the safety of UN premises, property assets and personnel, and obligations concerning the immunities of UN properties" .
Israeli Foreign Minister Gideon Sa’ar dismissed the hearings, calling them "part of a systematic persecution and delegitimisation of Israel." He added, "It is not Israel that should be on trial. It is the UN and Unrwa" .
The ICJ's advisory opinion, while non-binding, could have significant legal and diplomatic repercussions, particularly concerning aid flows to Gaza and broader international accountability. South Africa is scheduled to present its arguments on Tuesday, followed by the United States on Wednesday. A final ruling is not expected for several months.
