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23 Oct 2025 12:26
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  •   Home > News > International

    ICJ rules Israel must allow aid groups unimpeded access to Gaza

    The International Court of Justice rules Israel must allow aid groups unimpeded access to Gaza and that the nation's attempts to stop a UN agency delivering aid to Palestinians are illegal.


    The United Nations's highest court has ruled Israel must allow aid groups unimpeded access to Gaza and that its attempts to stop a UN agency delivering aid to Palestinians are illegal.

    The non-binding advisory opinion was requested by the UN General Assembly.

    It found unanimously that Israel must ensure Palestinians were adequately supplied with the essentials of daily life, and that Gazans had been lacking those things during the war.

    It also found Israel could not unilaterally decide to shut down the UN Relief and Works Agency (UNRWA), the lead agency delivering aid in Gaza, or impede any other UN agencies.

    Israel has alleged the UNRWA was infiltrated by Hamas. It closed its offices in East Jerusalem after passing laws banning the United Nations agency.

    The International Court of Justice (ICJ) found there was no evidence UNRWA's neutrality had been compromised and that the group needed to maintain operations because it provided so many critical services in Gaza.

    The court also found Israel had an obligation to ensure the rapid and unimpeded delivery of adequate amounts of aid, and that its attempt to replace the UN aid system with a private contractor, the Gaza Humanitarian Foundation, was not a "realistic alternative" to the comprehensive and longstanding UN network.

    The court did not outline ways in which Israel had breached its obligations or any remedial measures it should take, but it noted "Israel's conduct in the Occupied Palestinian Territory raises serious concerns in light of its obligations under international humanitarian law and international human rights law".

    In a statement, Israel's Ministry of Foreign Affairs said it rejected the ICJ's "predictable" decision.

    "This is yet another political attempt to impose political measures against Israel under the guise of 'International Law'," it said.

    "Today's ICJ advisory opinion should have called out the terrorist activity that UNRWA has been involved in.

    "Israel will not cooperate with an organization that is infested with terror activities. Israel fully upholds its obligations under International Law.

    "Israel fully rejects the politicization of International Law, which seeks to produce political outcomes and impose measures intended to harm the State of Israel."

    The commissioner-general of UNRWA, Philippe Lazzarini, said the decision should spur Israel to allow the agency to operate fully again.

    "There must be accountability for the killing of UNRWA staff members, for the severe mistreatment of humanitarian staff in detention and for the destruction, damage and misuse of UNRWA facilities," he said in a statement.

    "?UNRWA is the key humanitarian actor with a 'unique and sustained connection' to the occupied Palestinian territories, whose operations must be facilitated rather than obstructed — particularly given the dire humanitarian conditions in Gaza."

    Nimer Sultany, a reader in public law at SOAS University of London, said the decision also highlighted that Israel's obligations were ongoing and unchanged by the current ceasefire.

    "So in the context in which we have a Trump plan and many Western states are eager to so-called 'move on' after two years of mass slaughter, two years of the killing of thousands of Palestinian children, innocent men and women as well, this ICJ advisory opinion is a reminder of the kind of damage and the kind of havoc that Israel has inflicted on the international legal order and the fact it has consistently attacked the United Nations," he said.

    Dr Sultany said the decision was especially relevant in relation to Israel's recent threats to restrict aid entering Gaza as a way to pressure Hamas to hand over more hostage bodies.

    "The fact that Israel is weaponising food and medicine and humanitarian aid in order to inflict damage on [a] civilian population, the fact that Israel is using collective punishment against more than two million Palestinians in [the] Gaza Strip as a method of war, is a complete disregard of the laws of war, a complete disregard of the basic norms of international law and the interest code of justice" he said.

    "Today is the reminding us of these basics; that Israel, a member of the United Nations, cannot behave in this way.

    "Israel, as a member, as a member state that is subject to the basic norms of international humanitarian law and international human rights law and as an occupier with responsibility over millions of Palestinians, cannot behave in this way — that is to completely disregard the basic rights of civilian populations."

    Israel said it had complied with international law. 

    It has previously rejected allegations it enforces collective punishment.

    The ICJ also found Israel must not hinder efforts to allow Palestinians their internationally recognised right to self-determination.

    It came after the ICJ found Israel's occupation of the West Bank, East Jerusalem and Gaza was illegal and that it should pay reparations to Palestinians.

    The ICJ has also previously ordered Israel to "take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip", and ensure it is taking all steps possible to prevent the commission of genocide in Gaza.

    © 2025 ABC Australian Broadcasting Corporation. All rights reserved

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