Israel obliged to let aid flow into Occupied Palestinian Territory, says ICJ

• The International Court of Justice (ICJ) said that Israel must uphold its responsibilities as the “occupying power” by ensuring aid can flow freely and by respecting the rights of the UN and other humanitarian agencies working in the Occupied Palestinian Territory (OPT).

• In an advisory opinion requested by the General Assembly, the UN’s top court found that Israel is required to “ensure that the population of the Occupied Palestinian Territory has the essential supplies of daily life, including food, water, clothing, bedding, shelter, fuel, medical supplies and services”.

• It called on Israel to also “respect and protect” all aid workers, medical personnel and facilities.

• The opinion, requested in December 2024, addresses Israel’s obligations in relations to the UN and other international organisations and countries vested in humanitarian operations in Palestine.

• In a sign of the level of international engagement in the case, 45 States and organisations filed written statements, and 39 presented oral arguments during hearings held from April 28 to May 2, 2025.

• By 10 votes to one, judges also held that Israel “has an obligation” to cooperate in good faith with the UN, “providing every assistance in any action it takes in accordance with the Charter of the United Nations”, including the UN Relief and Works Agency for Palestine Refugees (UNRWA).

• The ICJ held that Israel is bound by international humanitarian law and human rights law to respect and protect civilians in the OPT, ensuring that aid workers and medical facilities are safeguarded and that no civilians are forcibly transferred or deprived of food.

• Israel denied it has violated international law, saying the court’s proceedings are biased, and did not attend hearings in April. 

• The opinions of ICJ are not legally binding, but they carry significant moral and legal authority and often guide international policy and practice.

The International Court of Justice

• The International Court of Justice (ICJ) is the principal judicial organ of the United Nations.

• It is informally known as the “World Court”.

• It was established by the United Nations Charter in June 1945.

• The first members of the ICJ were elected on February 6, 1946, at the first session of the UN General Assembly. The Court held its inaugural sitting at the iconic Peace Palace in The Hague, on  April 18, 1946.

• The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the Security Council of the United Nations. 

• The seat of the Court is at the Peace Palace in The Hague (Netherlands).

• Of the six principal organs of the United Nations, it is the only one not located in New York, USA. 

The Court has a twofold role:

1) To settle, in accordance with international law, through judgments which have binding force and are without appeal for the parties concerned, legal disputes submitted to it by States.

2) To give advisory opinions on legal questions referred to it by duly authorised United Nations organs and agencies of the system.

• The jurisdiction of the Court comprises all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force.

• The Court can only hear a dispute when requested to do so by one or more States. It cannot deal with a dispute on its own initiative. Neither is it permitted, under its Statute, to investigate and rule on acts of sovereign States as it chooses.

• States which are not members of the United Nations may become parties to the Statute of the Court on conditions to be determined in each case by the General Assembly upon the recommendation of the Security Council.

Composition of the Court

• The ICJ comprises 15 judges, who are each elected to a nine-year term of office and may be re-elected. 

• In order to ensure a measure of continuity in the composition of the Court, one third of the membership is renewed every three years. 

• Judges must be elected from among persons of high moral character, who possess the qualifications required in their respective countries for appointment to the highest judicial offices, or are jurisconsults of recognised competence in international law.

• The Court may not include more than one national of the same State. Moreover, the Court as a whole must represent the main forms of civilisation and the principal legal systems of the world.

• Once elected, a member of the Court is a delegate neither of the government of his own country nor of that of any other State. 

• Unlike most other organs of international organisations, the Court is not composed of representatives of governments. Members of the Court are independent judges whose first task, before taking up their duties, is to make a solemn declaration in open court that they will exercise their powers impartially and conscientiously.

• Members of the Court are elected by the General Assembly and by the Security Council through parallel procedures. 

• Both organs vote at the same time but independently of one another. 

• This system is intended to ensure, as far as possible, that the vote in one organ does not influence the vote in the other. 

• In order to be elected, a candidate must obtain an absolute majority of votes both in the General Assembly and in the Security Council. 

• Currently, 97 votes out of 193 constitute an absolute majority in the General Assembly. 

• In the Security Council, where no right of veto applies for the purpose of the election and no distinction is made between the votes of the permanent and non-permanent members of the Council, eight votes out of 15 constitute an absolute majority.

How is ICJ different from ICC?

• The International Criminal Court (ICC) is an independent judicial body with jurisdiction over persons charged with genocide, crimes against humanity and war crimes.

• The ICC is not part of the UN.

• Situated in The Hague, Netherlands, the ICC is governed by the Rome Statute adopted by the UN in 1998. It entered into force in 2002 upon ratification by 60 States. 

• The ICC is established to investigate, prosecute and try individuals accused of committing the most serious crimes of concern to the international community. 

• International Court of Justice (ICJ) is the principal judicial organ of the United Nations for the settlement of disputes between States.

• The ICJ has no jurisdiction to try individuals accused of war crimes or crimes against humanity.