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The International Court of Justice (ICJ), located in The Hague and recognized as the UN’s primary judicial body, is scheduled to host discussions involving 40 states and four international organizations throughout the week.
During the proceedings, UN Legal Counsel Elinor Hammarskjöld, representing Secretary-General António Guterres, reiterated the urgent need for a ceasefire, the unhindered delivery of humanitarian aid, and the release of all hostages.
Ms. Hammarskjöld highlighted that 13 UN entities are currently active in Gaza, noting the tragic loss of 295 UN personnel since the outbreak of violence after Hamas-led attacks on southern Israel on October 7, 2023.
Legal Obligations
The UN legal counsel emphasized the importance of the protections and immunities granted to UN agencies and personnel, which are critical for fulfilling their mandates globally, including in the occupied Palestinian territories (OPT).
According to Ms. Hammarskjöld, these protections remain applicable even during armed conflicts. She underscored Israel’s responsibilities as the occupying force under international law, stating, “The overarching obligation [is] to administer the territory for the benefit of the local population and to agree to and facilitate relief schemes.”
“In the context of the ongoing situation in the OPT, these obligations include allowing and facilitating the operations of all relevant UN entities to assist the local population,” she remarked.
The hearings at the ICJ aim to establish an “advisory opinion” regarding Israel’s legal responsibilities as an occupying power in Gaza and the broader OPT, in line with the UN Charter.
This pursuit follows a UN General Assembly meeting in December, where member states voted 137 to 12 to solicit the guidance of the ICJ’s 15 judges amid ongoing crisis conditions in Gaza.
While the advisory opinion from the ICJ is not legally binding, it serves to clarify significant legal questions. Following the court’s opinion, the General Assembly might consider further actions.
UNRWA Excluded
Philippe Lazzarini, the head of the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), welcomed the hearings, asserting that aid organizations are striving to meet overwhelming humanitarian needs.
He explained that a controversial “no-contact” policy enacted by the Israeli Parliament, which prohibits coordination with UNRWA officials, has critically hampered the provision of essential relief services and assistance.
This policy is particularly impactful as UNRWA is the largest aid provider in Gaza, having supported health, education, and other essential public services for generations.
Mr. Lazzarini noted that since the policy took effect at the end of January, UNRWA’s international staff have faced significant barriers to entering Israel.
Within Gaza, residents continue to suffer from dire food shortages exacerbated by Israel’s closure of the enclave’s borders since March 2.
“Today, people in Gaza are not merely surviving; those who are not being killed by bombs and bullets are slowly dying,” stated Jonathan Whittall, the Head of Office for the UN Office for the Coordination of Humanitarian Affairs (OCHA). He criticized humanitarian agencies’ inability to address the escalating needs following Israel’s cessation of all commercial and relief supplies.
“People are being suffocated here. We witness endless suffering under a complete blockade that has persisted for nearly two months, coinciding with intensified airstrikes and increased displacement orders pushing people from their homes,” he added.
Voices from Gaza
UNRWA has collected testimonies from Gaza residents illustrating their dire circumstances:
Mona, a grandmother in an UNRWA shelter in Gaza City:
“We only eat one meal a day. I go to sleep worrying about what we will have to eat tomorrow and how to provide for my family. I have enough flour for a few days, which I’m preserving by making small loaves. When the children get hungry, I give them my portion. I’ve stopped taking my medicine, even if it’s available, as treatment relies on proper nutrition, which is currently unattainable.”
Wafaa, a mother of three from an UNRWA school in Gaza City:
“I have two cans of beans, some peas, chickpeas, and a few kilos of flour that will last just four days. The flour is moldy and has a foul smell, but I can’t afford to complain. When will this nightmare finally end?”
Source
news.un.org