UN court opens hearings on Israel’s obligations in occupied Palestine

World Court examines Israel’s treatment of UN agencies, humanitarian workers, and Palestinians amid accusations of blockade, mass starvation, and attacks on aid operations in Gaza

THE HAGUE, Netherlands (MNTV) – The International Court of Justice (ICJ) opened pivotal hearings on Monday into Israel’s obligations under international law toward United Nations agencies, humanitarian organisations, and third states operating in the occupied Palestinian territories.

The proceedings, held at the Peace Palace in The Hague, have drawn intense international attention amid the deepening humanitarian catastrophe in Gaza and mounting allegations of Israel’s use of humanitarian aid as a “weapon of war.”

The hearings, scheduled to run until May 2, feature arguments from 40 states, including Palestine. The United States, Israel’s closest ally, will address the court on Wednesday, April 30. Israel, which has dismissed the hearings as “politically motivated,” will not participate directly but will be represented indirectly through allied statements.

The case follows the adoption of UN General Assembly resolution A/RES/79/232 on 29 December 2024, initiated mainly by Norway. The resolution requests the Court’s advisory opinion on whether Israel, as an occupying power and UN member, is violating its obligations regarding the activities of the United Nations and other humanitarian bodies in occupied Palestine.

The World Court is expected to rule based on a range of legal sources, including the UN Charter, international humanitarian law, human rights law, and its own prior advisory opinions.

The hearings come amid a total Israeli blockade on Gaza, now over 50 days old, which has cut off the flow of humanitarian aid, medicines, food, and fuel to the 2.3 million Palestinians trapped inside.

Since the ceasefire collapse on 18 March, intensified Israeli military operations have killed hundreds of civilians, including attacks on hospitals, schools, and UN facilities.

Elinor Hammarskjöld, Swedish diplomat and UN Under-Secretary-General for Legal Affairs, set the tone for the proceedings by declaring that international law “prohibits the acquisition of territory by force.”

She warned that Israeli legislative efforts to dismantle UNRWA constitute “an extension of sovereignty” over occupied territories and are “inconsistent with Israel’s obligations under international law.”

Hammarskjöld presented stark facts: since March 2, no humanitarian aid or commercial goods have been allowed into Gaza, worsening already catastrophic conditions. She reminded the court that under international law, Israel must ensure the civilian population’s access to basic necessities and protect UN humanitarian operations.

At least 295 UN personnel have died in Gaza since the conflict intensified, she noted, an unprecedented toll in UN history.

Palestinian envoy’s emotional address

Palestine’s Ambassador to the UN, Ammar Hijaz, delivered an emotional address, accusing Israel of weaponizing starvation and displacement against the Palestinian people.

He argued that the targeting of humanitarian organisations is intended to “forcibly transfer and destroy” the Palestinian population, while also ensuring long-term generational damage through the deprivation of basic services and education.

Hijaz described the deliberate strangulation of humanitarian aid as a tactic of collective punishment, saying, “Israel’s efforts aim not only to kill, starve, and displace Palestinians today but to doom their future generations to irreparable harm.”

Irish lawyer Blinne Ní Ghrálaigh, representing Palestine, expanded on Israel’s alleged systematic breaches of its obligations under the UN Charter and international humanitarian law.

She emphasised that the UN’s decision to reduce its presence in Gaza followed Israel’s large-scale military assault on March 18, during which Israeli forces killed nearly 500 Palestinians within 24 hours and bombed UN premises.

Ghrálaigh highlighted that over the past 18 months, at least 418 humanitarian aid workers had been killed in Gaza — the deadliest period in UN history. Citing Médecins Sans Frontières, she described Gaza as “a mass grave for Palestinians and those who try to help them.”

She accused Israel of “egregiously and intentionally” breaching Article 2(5) of the UN Charter, which obligates all UN members to assist, not obstruct, the UN’s work. Israel is also accused of failing to respect the inviolability of UN facilities and personnel, obligations which apply in both peace and conflict.

Professor Ardi Imseis, a Palestinian legal representative and expert on international law at Queen’s University, traced the UN’s historical responsibility toward Palestinian refugees.

He recalled the consequences of the 1947 Partition Plan — implemented without Palestinian consent — and the 1948 Nakba, which saw the mass displacement of up to 900,000 Palestinians.

UNRWA was established in 1949 precisely to address this crisis, he said, and today remains indispensable. The dismantling of UNRWA, he warned, would have catastrophic effects not only in Gaza but across Jordan, Lebanon, Syria, and the West Bank.

Imseis stressed that UNRWA’s trust within Palestinian communities, its infrastructure, and expertise are irreplaceable, and that its mission is continually reaffirmed by the UN General Assembly. Attempts to abolish it would amount to “erasing” the Palestinian refugee issue, a violation of international law and UN commitments.

No safe place for aid workers

During the session, Hammarskjöld stressed that Israel’s responsibilities toward UN agencies extend far beyond allowing humanitarian supplies into Gaza. Under international law, Israel must facilitate relief schemes, support medical and educational institutions, and protect aid workers and civilian infrastructure.

She underscored that the United Nations cannot even guarantee the safety of its own personnel within Gaza. Attacks on UN facilities — including schools turned shelters — have become disturbingly frequent, and the basic principle of civilian protection under occupation is being systematically undermined.

The ICJ’s advisory opinion, expected later this year, will not be legally binding but will have significant political and diplomatic ramifications. Previous advisory opinions by the court — including the 2004 judgment against Israel’s separation wall — have bolstered international efforts to hold Israel accountable.

Despite Israel’s denunciations, the hearings reflect growing global concern over its actions in Gaza and the West Bank.

An adverse opinion could fuel renewed calls within the UN and other international bodies for sanctions, investigations, and possibly new accountability mechanisms.

As the hearings continue, the UN’s highest court faces a grave task: determining whether a powerful member state can disregard its humanitarian obligations under the world’s most sacred treaties, and what it means for the credibility of international law if such breaches go unpunished.

“The rule of law must prevail,” Hammarskjöld declared, “not the rule of force.”

For Palestinians facing famine, displacement, and death, the stakes could not be higher.