ICJ opens hearings on Israeli obligations on Gaza humanitarian crisis

Al Jazeera

28-04-2025

The International Court of Justice (ICJ) has opened hearings to gauge Israel's responsibility for the humanitarian crisis engulfing Gaza during its war against Hamas.
The hearings, which began on Monday in The Hague and will run throughout the week, follow a request last year from the United Nations General Assembly asking the court to assess Israel's responsibility to ensure the provision of essential supplies to Gaza.
Since the start of the war 18 months ago, Israel has blocked aid, leaving Palestinians facing severe shortages of food, water, fuel and medicine.
Over the next five days, 38 countries – including the United States, China, France, Russia and Saudi Arabia – will address the 15-judge panel to consider how Israel's actions comply with international law.
The League of Arab States, Organisation of Islamic Cooperation and African Union will also present their arguments about Israel's obligations to ensure aid reaches Gaza.
Top Palestinian official Ammar Hijazi told the judges that Israel was blocking aid to use as a 'weapon of war'.
No food or medical supplies have reached the 2.3 million residents of the Gaza Strip since March 2 when Israel imposed what has become its longest ever blockade of the territory. It was followed two weeks later by the collapse of a two-month ceasefire.
'These are the facts. Starvation is here. Humanitarian aid is being used as a weapon of war,' Hijazi said.
The ICJ has been tasked by the UN with providing an advisory opinion 'on a priority basis and with the utmost urgency'.
While no immediate ruling is expected, the court's advisory opinion will likely shape future international legal approaches.
However, it is nonbinding, meaning its impact depends on whether states choose to enforce or ignore it.
The ruling 'will likely be ignored by Israel, as it has done with other judgements from the ICJ, the International Criminal Court and other international legal bodies,' Al Jazeera's Rory Challands said, reporting from The Hague.
However, he added that 'the tide of pressure is mounting' on Israel as a growing list of international courts have ruled against its actions.
What the UN is saying, Challands noted, is that 'Israel basically has a twofold obligation here under international law. It has an obligation as an occupying power in the Palestinian territories … That includes children's education and welfare systems, medical facilities, including UN-established hospitals, and humanitarian relief operations. If it doesn't do those things, then it's in contravention of its obligations under international law.'
'It also has an obligation as a signatory to the UN Charter, because under that, the UN has immunities and exemptions that set it apart from other institutions and other multilateral organisations', Challands continued.
The ICJ will consider the positions of both state actors and international organisations in its deliberations.
However, it will not hear from Israeli representatives directly. Rather, Tel Aviv has submitted written advice and objections.
Israeli Foreign Minister Gideon Saar responded to the opening of the hearings by branding them 'part of a systematic persecution and delegitimisation of Israel' in comments to reporters in Jerusalem.
'It is not Israel that should be on trial. It is the UN and UNRWA,' he insisted, referring to the UN agency for Palestinian refugees, which Israel is preventing from delivering aid to Gaza.