wombatwoody
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The International Court of Justice in The Hague began a five-day public hearing today to consider Israel’s legal obligations regarding the activities and presence of international organizations in the occupied Palestinian territories.
This week, 38 countries will present their arguments, including the United States, China, France, Russia, and Saudi Arabia, in addition to the Arab League, the Organization of Islamic Cooperation, and the African Union.
This move comes in response to a resolution adopted by the UN General Assembly in December 2024, proposed by Norway, which called on the ICJ to issue an advisory opinion outlining Israel's obligations to facilitate the delivery of urgent humanitarian supplies to Palestinians and ensure they are not obstructed.
UN representative Elinor Hammarskjold, a Swedish lawyer and diplomat who has served as the UN’s undersecretary-general for Legal Affairs and its Legal Counsel since 2025, opened proceedings at the ICJ. Some of her main points:
No humanitarian aid or commercial goods have been allowed into Gaza since March 2, which has had devastating humanitarian consequences. The secretary-general continues to call for humanitarian aid to reach all people in need.
International humanitarian law obligations apply to the conduct of Israel with regards to the occupied civilian territory, which includes respecting the decisions of the representatives of the Palestinian people to receive basic goods and services from the UN entities to fully enjoy their right to self-determination.
At least 295 UN personnel have died since the conflict began.
UN entities provide vital services and development aid in the Palestinian territories.
Israel must administer the territory for the benefit of the local population, facilitate relief schemes, support institutions for children’s care and education, and maintain medical and hospital services, including those established by the UN.
Irish lawyer Blinne Nessa Áine Ní Ghrálaigh representing Palestine made these points:
Israel’s actions are not only inhumane but genocidal, as concluded by the UN Commission of Inquiry and broadly agreed upon by the human rights community.
Although separate proceedings address Israel’s responsibility for genocide, these proceedings concern Israel’s obligations to provide aid in a situation where Palestinians face a real and imminent risk of genocide.
Despite Israel’s objections, the court has full authority to advise on Israel’s obligations under international law, particularly regarding the protection of Palestinians.
Given the serious risk of a violation of fundamental international norms (like the prohibition of genocide), the court must declare that there is an obligation, especially on UN member states, to end such a situation.
Israel continues to block UN-mandated investigatory bodies from Gaza while destroying and burying evidence of its crimes.
Israel’s violations of obligations under the 1946 Convention on the Privileges and Immunities of the United Nations in the occupied West Bank and East Jerusalem include forcible entry into UN schools, its seizure and often violent shuttering of UN premises and its failure to protect them from attack by Israeli civilians.
They also include Israel’s obstruction or prohibition of the movement of Palestinian UN staff and the access by international UN staff to the occupied Palestinian territory in Gaza, where Israel’s violations include its obstruction of UN aid supplies, goods and equipment into and throughout the territory and its attacks on UN food stores, distribution facilities and humanitarian convoys.
Violations also include Israel’s use of UN premises as military bases and its violent, lethal attacks on UN schools, shelters and healthcare facilities, which have been a feature of every large-scale military assault on Gaza since at least 2009.
palestinechronicle.com
aljazeera.com
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