Gaza aid blocked

The UN International Court of Justice (ICJ) has ruled that Israel is obliged under the Geneva Convention to allow adequate humanitarian aid to reach Gaza and that starvation cannot be used as a weapon of war. In a detailed opinion published on Wednesday (October 22), the world court said that “Israel has an unconditional obligation as an occupying power to ensure that the basic needs of the local population are met.”

The court also noted that the people of Gaza were “not adequately supplied” – in violation of Article 59 of the Geneva Convention. As a result, Israel must “authorize and facilitate humanitarian relief operations.” The ruling said that Israel had severely restricted the access of humanitarian and medical aid to Gaza since March 2 and had only allowed a small amount of aid to re-enter since May 19.

The court also found “no evidence of discrimination on the grounds of nationality, race, religion or political opinion” in the distribution of aid by the UN agency UNRWA.

The ICJ warned that “the occupying Power cannot suspend all humanitarian activities in the occupied territories on any security grounds.” The court stressed that Israel’s obligation to allow this humanitarian aid is “unconditional.”

The ruling reiterated that both international humanitarian law and the law of occupation apply to Israel in the conduct of hostilities in the occupied territories.

The court said that the ruling essentially identified Israel’s legal obligations, although it did not determine the consequences of possible violations. However, the court clearly stated that “Israel is obliged under international law to respect, protect and fulfil the human rights of the Palestinian people.”

The final part of the ruling stated that “as the occupying Power, Israel cannot claim sovereignty over any part of the occupied Palestinian territory, including East Jerusalem.” The court also reiterated that “the use of starvation of civilians as a weapon of war is absolutely prohibited.”