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Irish Times
06-05-2025
- Politics
- Irish Times
Why didn't Ireland stand up for Palestine at the ICJ?
Last week the International Court of Justice (ICJ) in The Hague held five days of hearings for yet another case against Israel and its campaign in Gaza . This time, the fate of the Palestinians and the sanctity of the United Nations (UN) were at stake. Forty-one states and four international organisations presented arguments to determine whether Israel has violated its obligations regarding its treatment of UN agencies and their representatives and the rights of the Palestinian people in the Occupied Palestinian Territory. While Ireland submitted a strongly worded statement to the court denouncing Israel's multiple violations of international law, it is one of only six states that have made submissions but did not also present oral arguments. Whether or not this is part of a carefully balanced political strategy designed not to strain further the increasingly fraught relationship with the United States, failure to appear in the Peace Palace gives the impression of lacklustre support for the Palestinian people and undercuts our stated position of solidarity. READ MORE The request for an advisory opinion on the obligations of Israel in relation to the UN and its agencies, including the provision of aid to the Palestinian population in the Occupied Palestinian Territory, arises from the General Assembly. Led by Norway , a resolution to send this question to the ICJ was passed by 137 votes in December. The death of 291 UN personnel, many of whom worked in Gaza as part of United Nations Relief and Works Agency for Palestine Refugees in the Near East (Unrwa) – along with allegations that UN workers and facilities have been deliberately targeted by the Israeli military – has put the organisation at the centre of this case. The situation was exacerbated by Israel's defiance of the court's previous orders to halt the military campaign and supply humanitarian assistance. The result has been the further devastation of the Palestinian people. Opening the proceedings, the UN legal counsel Elinor Hammarskjöld, a relative of the former UN secretary-general Dag Hammarskjöld who was killed in Congo in 1961, pointed out that no aid has entered Gaza since March 2nd. In effect, as argued by the Palestinian representatives, Israel is using starvation as a weapon of war with catastrophic effects. Already devastated by the military campaign (more than 52,000 Palestinians have been killed in Gaza since the onslaught began, according to Palestinian health officials), with Israel's blocking of humanitarian supplies , the Palestinians who remain are slowly starving to death. [ Gaza: At least 57 Palestinians have starved to death under Israeli blockade, say aid agencies Opens in new window ] A sizeable majority of submissions to the court condemned Israel's actions. Among the states who did so were Norway and Spain , who have been increasingly vocal in their support for Palestine. They are also Ireland's leading European allies on this question since they recognised Palestinian statehood at the same time as Ireland in 2024 . Spain has worked closely with Ireland to push the EU to do more on this issue. So why did Ireland not join our European allies and stand up for Palestine at the ICJ? It may have something to do with the increasingly tempestuous transatlantic relationship. The US president Donald Trump has been resolute in his support of Israel in its actions against the Palestinians. Recently he stated that he 'fully supports' the resumption of Israel Defense Forces (IDF) military activities in Gaza and has warned Hamas that there 'would be all hell to pay' if the remaining hostages are not released. For Ireland, the shifting sands of the transatlantic relationship, formerly one of the buttresses of Irish foreign policy, has been threatened by a mercurial Trump. As he is highly critical of our trade surplus and has a trigger-happy approach to tariffs that would severely affect our economy, maintaining the 'special relationship' with the US has become a central focus for the Government. Ireland's outspoken position on Palestine is a pressure point with the US, particularly among Republicans. During US senate hearings last week for Edward Walsh, President Trump's nominee as ambassador to Ireland, Republican senator for Idaho Jim Risch declared that by recognising Palestinian statehood, Ireland was ' much out of step ' with the US on Israel. The comment would have done little to assuage Government fears of a growing tension with the US. Such a perception in Washington would certainly have been exacerbated by a public argument in support of Palestine at the UN's highest court. It seems that even defining issues such as Palestine are secondary to the desire not to aggravate the untethered occupant of the White House. For its part, Israel has become even more intransigent. It did not appear at the ICJ last week. Even before proceedings began, Israel violated the ceasefire conditions by continuing to bomb Gaza, saying it would do so until Hamas releases all remaining hostages. Israel has couched its actions in the tacit legality of the Knesset, which passed two laws in 2024 demanding the cessation of Unrwa activities, the implementation of which represents a violation of Israel's obligations under the UN charter. This has raised the criticism that no matter how many advisory opinions and judgments the court declares, and regardless of how many resolutions the UN passes, Israel will continue to violate international law, rendering the UN essentially hamstrung. However, it is precisely when such grievous violations of international law and human rights take place that institutions such as those of the UN are most needed. Most states that argued before the court reiterated the importance of protecting both the Palestinians and the immunity and privileges of the UN. Ireland's absence from the Peace Palace last week is a missed opportunity to show that we stand beside the Palestinian people on the grounds of international law – not just in the face of public opinion. Alanna O'Malley is associate professor at the Leiden University Institute for History
Daily Maverick
03-05-2025
- Politics
- Daily Maverick
Legal opinion expected after ICJ concludes hearings on Israel's aid obligations in Gaza
Appearing before the World Court, the South African delegation said Israel continued to act with 'impunity' in the Gaza Strip, arguing that 'it does not care to fulfill its obligations as an occupying power'. The United Nations' (UN) top court on Friday, 2 May, heard a final day of arguments on Israel's obligations as an occupying power to facilitate aid to Palestinians, proceedings that have been given fresh urgency following Israel's decision in March to block all aid into the Gaza Strip. The public hearings, which began on Monday, 28 April, follow the UN General Assembly's request to the International Court of Justice (ICJ) in December 2024, to give an advisory opinion on Israel's obligations to allow the UN and other international groups to provide humanitarian assistance in the Gaza Strip. The request came in response to Israel's decision to ban the UN Relief and Works Agency for Palestine (UNRWA), the main UN agency that helps Palestinians, from operating in its territories from late January, and other obstacles faced by other UN agencies in their aid work in Gaza. The ban, passed by Israel's parliament last October, followed months of attacks on the agency by Israeli Prime Minister Benjamin Netanyahu and allies, who claim UNRWA has been infiltrated by Hamas – an allegation the agency refutes. The legislation has forced UNRWA to suspend operations in Gaza and the West Bank. The latest proceedings, held at the Peace Palace in The Hague, heard from representatives of some 40 countries and organisations, including South Africa, the African Union, the UN, Palestine, China, Russia, the UK and the US. Israel did not appear at the hearings, but, in a written submission to the court on 28 February, rejected the questions raised by the proceedings as 'patently biased and one-sided'. It argued that no obligation exists on it to respect the operations of a UN agency, when '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'. However, the UN's legal counsel on Monday said Israel has a clear obligation as an occupying power to allow and facilitate humanitarian assistance to Palestinians in Gaza. The UN considers Gaza and the West Bank as Israeli-occupied territory. International humanitarian law requires an occupying power to agree to relief programmes for people in the occupied territory who are in need, and to facilitate them 'by all the means at its disposal'. 'In the specific context of the current situation in the occupied Palestinian territory, these obligations entail allowing all relevant UN entities to carry out activities for the benefit of the local population,' the UN undersecretary general for legal affairs, Elinor Hammarskjöld, told the court. Hammarskjöld said Israel may not, as an occupying power, 'unilaterally declare' a UN agency is not impartial, 'and deny its relief schemes'. 'Such concerns must be addressed in consultation with the humanitarian organisation concerned,' she said, adding that the UN 'considers very seriously any credible allegations' against it. Last August, the UN fired nine UNRWA staff members after an investigation found they ' may have been involved ' in the Hamas-led attack on Israel in October 2023, in which at least 1,200 people were killed and about 250 taken hostage. Israel's subsequent assault on Gaza has killed more than 52,000 people and wounded about 118,000 others, according to Palestinian health authorities. Using aid as a 'weapon of war' The latest proceedings come as Israel's total blockade on aid entering Gaza passed 60 days. No food, water or medical supplies have reached 2.3 million Palestinians in the devastated Gaza Strip since 2 March, when Israel imposed what has since become its longest blockade on aid into the territory since the start of the war. Last week, Israeli Defence Minister Israel Katz said the country would continue to block aid from entering Gaza, in an attempt to force Hamas to free the remaining hostages. The UN and other aid organisations have condemned the decision, saying Israel's ' deliberate ' aid ban is further threatening Palestinian's existence in Gaza. Palestinian Ambassador to the Netherlands, Ammar Hijazi, told the court on Monday, 28 April, that 'death looms large' in Gaza, as Israel continues to forcibly displace and starve Palestinians. 'These are the facts: starvation is here. Humanitarian aid is being used as a weapon of war,' Hijazi said. On Tuesday, South Africa's Department of International Relations and Cooperation (Dirco) director-general, Zane Dangor, told the court that 'under the world's watchful eye, Palestinians across the occupied Palestinian territory are being subjected to atrocity crimes, persecution, apartheid and genocide'. 'Israel continues to act with impunity as it does enjoy some form of exceptionalism from accountability to international law and norms. Conversely, any person or entity which seeks to hold Israel to account for its inhumane and unlawful actions, is subjected to counter-measures and censure, from which the United Nations and this court have not been spared,' Dangor said. He added the collapse of the humanitarian aid system in Gaza is 'by design'. 'Palestinian NGOs and major aid groups have warned that Gaza is entering into famine, and that 'the humanitarian aid system is facing total collapse'. This collapse is by design,' he said. Nokukhanya Jele, President Cyril Ramaphosa's special adviser on legal and international affairs, argued that Israel's conduct violates the law of occupation. 'As part of Israel's unlawful occupation, it does not care to fulfil its obligations as an occupying power, but seeks to wrongfully usurp rights. Israel's conduct and omissions clearly violate the law of occupation as a whole and its grave breaches of international humanitarian law cannot be allowed to persist,' Jele said. On Wednesday, representatives for the US defended Israel's decision to ban UNRWA's operations in its territories, saying the country's persistent security needs overrule its obligations to provide aid. Joshua Simmons, a lawyer for the US State Department, argued there is no legal requirement that an occupying power allow an international organisation 'to conduct activities in occupied territory that would compromise its security interests'. He suggested that other organisations could fulfil UNRWA's role. However, UN officials have previously defended the agency's role, saying it could not be replaced. 'Novel legal interpretations will not bring an end to the ongoing conflict. They will not bring the hostages home. They will not create a better tomorrow for Israelis, Palestinians and the region. 'To be clear, the United States supports the flow of humanitarian aid into Gaza with safeguards to ensure it is not looted or misused by terrorist groups. We encourage the international community to focus on advancing a ceasefire and on fresh thinking for a better future for Israelis and Palestinians alike,' Simmons concluded. Implications of an advisory opinion Advisory opinions of the ICJ carry legal and political weight, but they are not binding and the court does not have any enforcement powers, according to a Reuters report. It's unclear when an opinion could be issued by the court, although the UN General Assembly sought guidance from the court 'on a priority basis'. 'We will have to see whether and to what extent the ICJ will talk about potential violations of international law by Israel. The court's challenge is to avoid any prejudice in relation to South Africa's case against Israel for alleged violations of the Genocide Convention, as that matter is still ongoing. I assume the court will, therefore, avoid any determination of violations in that regard,' Dr Atilla Kisla, the international justice cluster lead for the Southern Africa Litigation Centre, told Daily Maverick. In separate proceedings before the World Court last year, South Africa accused Israel of committing genocide against Palestinians in Gaza. The court agreed with South Africa in January last year that there was a plausible case of genocide to be heard. It has yet to rule on that matter, but previously issued provisional measures against Israel in the case. On Tuesday, Dangor told the court that providing an advisory opinion 'does not require the court to prejudge elements relevant' to South Africa's genocide case against Israel. 'The question asked of the court in the present matter concerns Israel's obligations as an occupying power and its obligations as a member of the United Nations, and specifically, the legal consequences arising from its acts and omissions in these contexts,' Dangor said. In its written submission to the court, Israel said that there are multiple 'inextricable links' between the question asked of the court by the UN General Assembly and that of the 'the pending contentious proceeding between South Africa and Israel', and that the ICJ should use its discretion 'not to render the requested advisory opinion'. Kisla said based on the specific request of the UN General Assembly and the fact that the ICJ dealt with similar arguments in its advisory opinion from 19 July 2024, which found Israel's occupation of the Palestinian territories was illegal, he did not believe the court would issue an opinion. 'It is further noteworthy that the question by the UN General Assembly to the ICJ speaks of 'obligations of Israel'. If the court issues an advisory opinion, it might limit itself to the 'obligations of Israel, as an occupying power',' Kisla said. 'In terms of practical impact, I think that if we receive an advisory opinion, even though non-binding, it can add to the pressure on Israel, but more importantly, on its allies and states that support Israel with arms. It is also a point that was raised in South Africa's submission, highlighting the responsibility of arms-exporting states and how they can enable breaches of international law,' he said. DM
New York Times
28-04-2025
- Politics
- New York Times
Israel Faces World Court Hearings Over Gaza Aid
The United Nations criticized Israel for its ban on humanitarian aid entering the Gaza Strip in hearings that began on Monday in the International Court of Justice, the U.N.'s highest court. Israel, which did not send a legal delegation to the hearings, rejected the proceedings as biased. For more than a month and a half, Israel has blocked food, medicine and other relief from entering the devastated Gaza Strip in an attempt to pressure Hamas to free the dozens of remaining Israeli hostages there. It argues that its blockade is lawful and that Gaza has enough provisions despite the restrictions. The United Nations and aid groups say the blockade has further harmed Palestinians already reeling from more than a year and a half of war in Gaza, which has killed tens of thousands of people, displaced well over a million and leveled large swaths of the enclave's cities. During the two-month cease-fire that began in early January, aid had begun to flow into Gaza, providing a modicum of relief. But the blockade — which began in early March — continued after the truce ended with an Israeli bombardment and widening ground assaults against Hamas. 'No humanitarian aid or commercial goods have been allowed into Gaza since 2nd of March, which has devastating humanitarian consequences in the Gaza Strip,' Elinor Hammarskjöld, the U.N.'s top lawyer, told the court on the first day of five days of hearings. The U.N. General Assembly requested in December that the International Court of Justice, also known as the World Court, issue an advisory opinion on Israel's obligations to allow the United Nations and other third parties to provide humanitarian assistance for Palestinians. Some 40 governments are expected to speak during the hearings. An opinion is not expected for some time. The court's opinion, while not binding, carries symbolic weight and could affect other governments' policies toward Israel. U.N. officials hope the World Court will criticize Israel's legislation banning UNRWA, the main U.N. agency that aids Palestinians. The relationship between Israel and the United Nations — already fraught with mutual recrimination —- has nose-dived since the beginning of the war. U.N. officials and institutions have excoriated Israeli policies publicly and repeatedly. Israel has accused the United Nations of bias and claim that UNRWA is infiltrated by Hamas and its allies. UNRWA fired several employees accused of taking part in the Hamas-led Oct. 7, 2023, attacks that ignited the war, while clearing others. The hearings were the latest blows to Israel in international legal institutions amid Israel's campaign against Hamas in Gaza. About 1,200 people were killed and 250 taken hostage in the October 2023 Hamas-led attack on southern Israel. Israel's subsequent offensive against Hamas has killed more than 50,000 people, according to Palestinian health officials, who do not distinguish between civilians and combatants. Last year, the World Court held multiple hearings on a petition by South Africa that Israel was committing genocide in the Gaza Strip. Israel strongly rejects the accusation, arguing that it has been fighting in accordance with international humanitarian law and that all decisions are carefully overseen by military advisers. The World Court's justices have yet to rule on the matter, but they did issue an injunction in May ordering Israel to at least partially rein in its military operations in the southern Gaza city of Rafah. Israeli forces ultimately seized control of Rafah, leveling much of the city. Benjamin Netanyahu, the Israeli prime minister, as well as Yoav Gallant, the former defense minister, also face outstanding arrest warrants from the International Criminal Court, a separate international legal body. Karim Khan, the court's prosecutor, also asked for warrants against three Hamas leaders, all of whom were ultimately killed by Israel. In a news conference on Monday, Gideon Saar, the Israeli foreign minister, sought to rebuff accusations that Israel was violating its obligations under international law. 'This case is part of a systematic persecution and delegitimization of Israel,' he said. Ordinary Gazans have lamented the rising price of basic commodities under the pressure of the blockade. In some cases, the restrictions have turned the quest for getting enough nutritious food into a daily struggle. During the cease-fire, many Gazans were finally able to purchase meat and fresh vegetables flowing in from outside the enclave. But with the crossings now shuttered, the price of flood — including basic stables — has risen dramatically, according to several Palestinians in central and southern Gaza. Maher Ghanem, a resident of the central Gaza city of Deir al-Balah, described spending his days waiting in lines at the charity kitchens run by aid groups or scanning markets for whatever food he could afford. 'What we're going through in Gaza can't be called life,' he said.
The Guardian
28-04-2025
- Politics
- The Guardian
UN is threatened by Israel's decision to cut ties with relief agency, world court told
The very nature of the United Nations is threatened by Israel's refusal to accept the rights of UN agencies to operate freely in the occupied Palestinian territories, the international court of justice has heard. The statement was made at the start of five days of proceedings in the Netherlands that may prove critical to Israel's future inside the world body. The UN's top court will hear from dozens of nations and organisations in order to draw up an advisory opinion on Israel's humanitarian obligations to Palestinians more than 50 days into its total blockade on aid entering Gaza. Israel is not participating but has submitted oral evidence claiming its decision to end all cooperation with Unrwa, the UN relief agency for Palestinians, was necessary because of infiltration by Hamas. In her 30-minute opening submission to the court at The Hague, the UN under-secretary general for legal affairs, Elinor Hammarskjöld, opted for a full throated assertion of the immunities and privileges of the UN and its subsidiary bodies under the UN charter and 1946 convention on UN privileges. She said Israel had no right unilaterally to declare UN bodies were not impartial and so deny co-operation or aid, adding: 'When the basic elements of this [the charter's] legal framework are not observed, the very nature of the work of the organisation on behalf of its member states is in jeopardy.' Hammarskjöld said that, if UN member states had complaints about the neutrality of an organisation such as Unrwa, established mechanisms existed for this to be addressed. Israel's complaints had been examined by relevant UN bodies but the full co-operation of member states, including the furnishing of documents, was also required, she said. This was a thinly coded assertion that Israel has not backed up its some of its claims of mass Hamas infiltration with evidence to the UN. Independent investigations have also found that Israel had not provided evidence for its headline allegation. The Palestinian ambassador to the Netherlands, Ammar Hijazi, accused Israel of breaching international law in the occupied territories. 'Israel is starving, killing and displacing Palestinians while also targeting and blocking humanitarian organisations trying to save their lives,' he told the court. 'Nine of every 10 Palestinians have no access to safe drinking water. Storage facilities of the UN and other international agencies are empty. These are the facts. Starvation is here. Humanitarian aid is being used as a weapon of war.' In a sign of the breakdown in relations, Israel's foreign minister Gideon Sa'ar said on Monday that the ICJ hearing was part of a 'systematic persecution and delegitimisation of Israel'. 'It is not Israel that should be on trial. It is the UN and Unrwa,' he told reporters in Jerusalem. In its written evidence to the court, Israel argues 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'. The UN general assembly has ordered the UN to seek an ICJ advisory opinion on whether Israel had overriden the immunities of a UN body by its policy of non co-operation. The policy has forced Unrwa to suspend operations in Gaza and the West Bank. Hammarskjöld told the court the proceedings were crucial to clarify some fundamental elements of the legal framework of the UN's status. She pointed out that Israel's UN membership entailed legal obligations that were essential for the organisation to properly function and carry out the mandates. These included '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 so that the UN can fulfil its obligations'. The Palestinian lawyers injected greater emotion into the pleadings by focusing on the impact of Israel's refusal to allow aid into Gaza, for instance showing the judges Instagram postings of traumatised doctors describing conducting amputations on children without medicines. Israel strictly controls all inflows of international aid for the 2.4 million Palestinians in the Gaza Strip. It halted deliveries on 2 March, days before the collapse of a ceasefire that had significantly reduced hostilities after 15 months of war. Supplies are dwindling and the UN's World Food Programme on Friday said it had sent out its 'last remaining stocks' to kitchens. Paul Reichler, representing the Palestinians, told judges that one of the Geneva conventions 'not only lays down that the occupying power must agree to relief schemes on behalf of the population, but insists that it must facilitate them by all the means at its disposal'. The UN was the first to address the court on Monday, followed by Palestinian representatives. In total, 40 states and four international organisations are scheduled to participate. On Tuesday, South Africa, a staunch critic of Israel, will present its arguments. In hearings last year in a separate case at the court, the country accused Israel of committing genocide against the Palestinians in Gaza – a charge Israel denies. Those proceedings are still under way. Israel's's ally, the US, is scheduled to speak on Wednesday. The court will probably take months to rule. Experts say the decision, though not legally binding, could profoundly impact international jurisprudence, international aid to Israel and public opinion.
Express Tribune
28-04-2025
- Politics
- Express Tribune
United Nations, Palestinian officials accuse Israel of blocking Gaza aid at World Court
Listen to article U.N. and Palestinian representatives on Monday accused Israel of violating international law by blocking humanitarian aid to Gaza, as hearings opened at the International Court of Justice (ICJ) into Israel's obligations to facilitate the delivery of supplies. Since 2 March, Israel has enforced a complete blockade on the Gaza Strip's 2.3 million residents, with food supplies stockpiled during a temporary ceasefire earlier this year now almost entirely depleted. Speaking at the U.N.'s top court, U.N. legal counsel Elinor Hammarskjöld said Israel had a clear duty as an occupying power to allow and facilitate humanitarian aid. "In the specific context of the current situation in the occupied Palestinian Territories, these obligations entail allowing all relevant U.N. entities to carry out activities for the benefit of the local population," Hammarskjöld said. Palestinian representative Ammar Hijazi accused Israel of using aid as 'a weapon of war', warning that Palestinians in Gaza were facing starvation. Israeli Foreign Minister Gideon Saar, speaking in Jerusalem, dismissed the hearings as a 'circus', accusing the court of being politicised and criticising the U.N. for allegedly failing to address the infiltration of its Palestinian refugee agency UNRWA by militant groups. "They are abusing the court once again to try and force Israel to cooperate with an organisation that is infested with Hamas terrorists," Saar said. "The goal is to deprive Israel of its most basic right to defend itself." The United Nations confirmed in August that nine UNRWA staff may have been involved in Hamas' 7 October 2023 assault on Israel and said they had been dismissed. Israel later said a Hamas commander, identified as a UNRWA employee, was killed during the conflict. The ICJ, also known as the World Court, was tasked in December to provide an advisory opinion on Israel's responsibility to allow humanitarian access to Gaza, including deliveries facilitated by international organisations and U.N. agencies. Israel has repeatedly insisted that aid will not be permitted until all remaining hostages are released by Hamas, and has accused the group of hijacking supplies — an allegation Hamas denies. "This case is about Israel destroying the fundamentals of life in Palestine, while it blocks the U.N. and other providers of humanitarian aid from providing life-saving aid to the population," Hijazi told the court. International pressure has mounted on Israel in recent weeks. U.S. President Donald Trump said on Friday he had pressed Israeli Prime Minister Benjamin Netanyahu to allow food and medicine into Gaza. Germany, France and Britain have also called for unrestricted humanitarian access. While ICJ advisory opinions are not legally binding, they carry significant political and legal weight. The court is expected to take several months before issuing its findings. At least 52,243 Palestinians have been killed in Israel's war on Gaza since October 2023, according to the Health Ministry. Since Israel resumed its assault on March 18, following the collapse of a ceasefire, 2,151 people have been killed and 5,598 wounded. The International Criminal Court last November issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant for alleged war crimes in Gaza. Israel also faces a genocide case at the International Court of Justice.
