ICJ begins proceedings over Israel’s restrictions on UN O Operations in Gaza

The International Court of Justice (ICJ) has commenced hearings into Israel’s alleged obstruction of UN and international humanitarian operations in the Gaza Strip.

Sitting in The Hague, the UN’s highest judicial body is expected to listen to submissions from 40 countries and four international organisations throughout the week, as it considers an advisory opinion on the matter.

Elinor Hammarskjöld, the UN’s legal counsel representing Secretary-General António Guterres, reiterated the global body’s repeated calls for a ceasefire, unrestricted humanitarian access, and the unconditional release of hostages.

Hammarskjöld disclosed that 13 UN agencies are currently active in Gaza, despite the volatile situation. Since hostilities escalated on October 7, 2023, following Hamas-led attacks in southern Israel, at least 295 UN workers have lost their lives.

The UN legal representative stressed the need for all UN agencies and personnel to operate with the protections and immunities afforded to them under international law, particularly in conflict zones.

She emphasized that as an occupying power, Israel is legally obligated to facilitate relief efforts for the benefit of the local population.

“These obligations include allowing and enabling relevant UN bodies to carry out their duties to support civilians,” she said.

The ongoing hearings stem from a resolution passed by the UN General Assembly in December, where 137 countries voted in favor of requesting the ICJ’s opinion on Israel’s legal responsibilities in Gaza, particularly in light of ongoing military operations and aid restrictions.

Although the ICJ’s advisory opinion will not be legally binding—as opposed to rulings in formal disputes between states—it is expected to provide legal guidance and clarity on the issue.

Once the opinion is delivered, the General Assembly may consider additional steps based on the court’s findings.