The UN General Assembly Agrees To Ask For Mahmakah International Opinion On Israel's Obligation To Help Palestine

Illustration of the UN General Assembly. (Wikimedia Commons/Basil D Soufi)

JAKARTA - The United Nations (UNGA) General Assembly on Thursday agreed to seek the opinion of the International Court (ICJ) on Israel's obligation to facilitate assistance to Palestinians provided by international countries and groups, including the United Nations.

The resolution proposed by Norway was adopted in the majority. A total of 137 countries support it. Israel and the United States along with 10 other countries refused, while 22 countries abstained, quoted from Reuters December 20.

The move was taken in response to Israel's decision to ban the operation of the UN UN refugee agency UNRWA in the country from late January, as well as other obstacles faced by other UN agencies in their aid work in Gaza over the past year.

The resolution adopted on Thursday also expressed "deep concern about the dire humanitarian situation in the occupied Palestinian Territories" and "conquested Israel to uphold and abide by its obligation not to deter Palestinians from exercising their rights to self-determine."

The United Nations views Gaza and the West Bank as Israeli-occupied territory. International humanitarian law requires occupation power to approve aid programs for people in need and to facilitate them "by all means" and ensure food standards, medical care, cleanliness, and public health.

The new Israeli law does not directly prohibit UNRWA operations in the West Bank and Gaza. However, the law will have a serious impact on UNRWA's ability to work.

UN top officials and Security Council described UNRWA as the backbone of Gaza's aid response.

Instead, in a letter to the 15-member Security Council on Wednesday, Israel's Ambassador to the United Nations Danny Danon said "to replace UNRWA with an aid scheme that would provide essential assistance to Palestinian civilians is not at all impossible."

"Israel is willing and ready to cooperate with international partners (and has worked tirelessly) to enable and facilitate the continuation of the distribution of humanitarian aid to civilians in Gaza, and to ensure the provision of this necessary basic service without a hitch, in a way that does not undermine Israel's security," Danon wrote in his letter.

It is known, ICJ is the United Nations' highest court. His advisory opinion has legal and political weights even though it is not binding.

In addition, courts centered in The Hague do not have the authority to enforce the law if their opinions are ignored.

The United Nations has long complained of aid barriers in Gaza, since the latest conflict between Palestinian militants Hamas and Israel began on October 7, 2023.

The United Nations blamed Israel and law violations in the enclave for barriers in bringing aid to Gaza and distributing it to Palestinians throughout the war zone.

Israel says the problem in Gaza is not a lack of help because more than one million tonnes have been sent over the past year. Israel accuses Hamas of hijacking the aid. Hamas denied the allegations and blamed Israel for the shortfall.

Separately, Israel has long had strained relationships with UNRWA, getting worse in the past year.

Israel said UNRWA staff were involved in the Hamas attack on 7 October 2023 in Israel. The UN said nine UNRWA staff may have been involved and have been fired. A Hamas commander in Lebanon - who was killed by Israel - was also found to have a job at UNRWA.