Israel faces World Court hearings against Gaza blockade; calls proceedings a 'circus'

The International Court of Justice (ICJ), the UN’s top judicial body, has begun hearings to assess Israel’s legal obligations to permit humanitarian aid to Gaza and to cooperate with UNRWA, the UN’s Palestinian aid agency. This follows Israel’s decision to bar both aid and UNRWA from Gaza — actions that have triggered an escalating humanitarian crisis.

 

Israel halted aid into Gaza on March 2, asserting it was intended to pressure Hamas into releasing hostages. The United Nations and multiple humanitarian organisations, however, report rapidly deteriorating conditions, imminent famine and complete collapse of medical infrastructure. Israel severed ties with UNRWA last year, accusing it of infiltration by Hamas militants.

 

The hearings, expected to last five days at the Peace Palace in The Hague, come after a UN General Assembly request made in December. The Assembly sought an advisory opinion from the ICJ regarding whether Israel has unlawfully obstructed humanitarian assistance and overridden the immunities of a UN agency.

 

Although the Court’s advisory opinions are not legally binding, they hold significant moral and political weight and could influence international policy towards Israel.

Over 40 governments will address the Court. Israel, though refusing to participate in oral proceedings, submitted a 37-page written defence claiming it acted within its sovereign rights to protect its security interests. Israel’s position is likely to find support only from the United States and Hungary.

 

Opening the hearings, Ammar Hijazi, Palestine’s ambassador to International Organisations in The Hague, accused Israel of a "genocidal campaign" and warned of the Palestinians’ risk of irreparable harm. Riyad Mansour, Palestine’s UN ambassador, said Gazans were "trapped between death and displacement” and were deliberately deprived of basic necessities.

 

Israeli Foreign Minister Gideon Saar called the ICJ proceedings a "circus" and an attempt to "politicise" legal mechanisms to "persecute Israel”. In its written submission, Israel reiterated its position that UNRWA’s alleged Hamas infiltration justifies severing cooperation, even at the cost of aid access.

 

At the heart of the ICJ’s deliberations is whether Israel’s legislation — labelling UNRWA a terrorist-supporting body and blocking visas for its staff — unlawfully infringes upon the UN’s charter-protected immunities and the rights of Palestinians.

Since aid deliveries were halted, Gaza has plunged into an unprecedented humanitarian emergency. The UN and relief organisations report critical shortages of food, fuel, water and medicine. All 25 bakeries supported by the World Food Programme (WFP) have shut down, and malnutrition is now widespread. The WFP noted an alarming 1,400 per cent spike in food prices since the ceasefire’s collapse, endangering especially young children, pregnant women and the elderly.

 

The humanitarian crisis is compounded by the collapse of Gaza’s health care system, overwhelmed by casualties and crippled by fuel shortages. While Israel claims to have cleared extensive aid deliveries during the ceasefire, independent agencies believe that the blockade has led to widespread suffering and starvation.

 

Palestinian representatives said Israel’s use of the aid blockade constituted collective punishment, which went against international humanitarian laws and norms. Meanwhile, international criticism of Israel’s blockade has been intensifying. France, Germany and the UK have all denounced the situation as "intolerable”.

 

Blinne Ní Ghrálaigh, counsel for Palestine, told the ICJ that Israel’s actions represent an "unprecedented" attack on the United Nations itself. She said by obstructing UN agencies and targeting UN property and personnel, Israel has failed to uphold its obligations under international law. The Irish barrister also warned that Israel’s plans to annex parts of Gaza into a permanent "buffer zone" would further hamper humanitarian access for Palestinians.

 

UN Under-Secretary General Elinor Hammarskjöld told the Court that immunity enjoyed by UN bodies and their independence were crucial in protecting the international order. As a UN member, Israel is legally obliged to respect these frameworks, she said. She also pointed out that its accusations against UNRWA have not been substantiated through formal UN mechanisms.

 

Hammarskjöld further argued that any complaints against UN agencies must be taken up through relevant legal mechanisms and not by undermining humanitarian efforts. She said Israel was yet to submit sufficient evidence to support claims of Hamas infiltration within UNRWA.

 

Meanwhile, Israel maintains that its security concerns justify restricting cooperation with UNRWA. Its written evidence to the Court asserts that when a UN agency allegedly violates neutrality, states are not obliged to honour its immunities. The hearings at the ICJ, however, represent yet another blow to Israel’s international standing. The Jewish state is already facing genocide allegations brought by South Africa, and its senior leaders such as Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant are facing International Criminal Court warrants. 

 

The ICJ's final advisory opinion in the ongoing case could take months to come, but it is clear that the hearings signal a broader crisis in the international legal order. As Hammarskjöld warned, the integrity of the UN system is at stake. “Israel, as the occupying power, has an overarching obligation to administer the territory for the benefit of the local population and must agree to and facilitate relief schemes,” she said. “Respect for international law by all parties remains the only option for lasting peace, as well as for the security and justice of Israelis and Palestinians.”

Middle East