Hearings Begin on Israel’s Legal Obligations Amid Ongoing Gaza Conflict
The Hague / Etawah Today Desk –
The International Court of Justice (ICJ), the top judicial body of the United Nations, has started hearing arguments from over 40 countries on Monday regarding Israel’s responsibilities to provide humanitarian aid to Palestinians in Gaza and the occupied West Bank. This comes amid an 18-month-long devastating war in Gaza.
The proceedings follow a request by the UN General Assembly, which last year sought an advisory opinion from the ICJ after Israel blocked the United Nations Relief and Works Agency (UNRWA), the main humanitarian organization operating in Gaza. The United States, Israel’s closest ally, opposed the UN resolution.
Why Is the ICJ Involved?
“After World War II, the United Nations established the ICJ in The Hague, Netherlands, to adjudicate disputes between nations and provide advisory opinions to its bodies.” Although advisory opinions are non-binding, they carry significant legal authority and influence international opinion.
This case will examine Israel’s legal obligations under international law regarding humanitarian access to Gaza, where over 2 million people are facing critical shortages of food, water, and medicine. “Israel, which recently cut off all aid to Gaza, argues that Hamas seizes humanitarian supplies and insists it has the right to block deliveries for security reasons.”
“The ICJ could take several months to issue its opinion on this matter.”
Background: Previous ICJ Rulings on Israel
This is not the first time the ICJ has ruled on issues related to Israel and Palestinian territories.
- In a landmark opinion last year, the ICJ found Israel’s occupation of Palestinian territories unlawful and called for its end, affirming Palestinians’ right to self-determination.
- In 2004, the court also declared Israel’s construction of a separation barrier in the West Bank a violation of international law.
In both instances, Israel has rejected the court’s findings but submitted written statements for the current advisory proceedings.
Ongoing Genocide Case Against Israel
Separate from the current hearings, Israel is also facing a genocide case at the ICJ filed by South Africa. South Africa accuses Israel of committing acts of genocide during its military campaign in Gaza, which began after the October 7, 2023, Hamas-led attacks that killed around 1,200 Israelis.
In response, Israel has firmly denied the accusations, claiming its military operations are targeted at Hamas and not civilians. The court has already ordered Israel to take measures to prevent acts of genocide and protect civilians, although the full case could take years to resolve.
ICJ vs. ICC: Different Roles in Global Justice
It is important to distinguish the ICJ from the International Criminal Court (ICC).
- The ICJ handles disputes between nations and provides legal advice to the UN.
- The ICC, established in 2002, prosecutes individuals for war crimes, crimes against humanity, and genocide.
Recently, the ICC issued arrest warrants against Israeli Prime Minister Benjamin Netanyahu, former Defense Minister Yoav Gallant, and Hamas military leader Mohammed Deif, alleging war crimes during the Gaza conflict. Israel and the U.S. are not members of the ICC, but Palestine is, giving the court jurisdiction over crimes committed on Palestinian territory.
What Lies Ahead?
As hearings continue at the ICJ, the global community awaits a definitive legal interpretation of Israel’s obligations under international law. Although the court’s advisory opinion will not be binding, it could significantly influence international diplomatic efforts to address the humanitarian crisis in Gaza.
Stay tuned with Etawah Today for further updates on this developing story.
