Day three of International Court of Justice hearings on Israel’s humanitarian obligations to Palestinians saw the United States and Hungary defend Israel and discredit the court and the UN as biased.
Josh Simmons, a legal adviser from the US State Department, told the ICJ that Israel does not have to work with UNRWA, the critical aid organisation in the enclave, due to “its security interests.”
Simmons told the judges that there are serious concerns about UNRWA impartiality, including information that “Hamas used UNRWA facilities and UNRWA staff participated in the terrorist attack against Israel.”
“Israel has therefore ample grounds to question UNRWA impartiality.
“Given these concerns, it is clear that Israel has no obligation to permit UNRWA specifically to provide humanitarian assistance. UNRWA is not the only option for providing humanitarian assistance in Gaza.”
Josh Simmons
The five-day process that started on Monday is addressing Israel’s obligations in the occupied Palestinian territory, including Gaza and the West Bank.
The ICJ’s 15-judge panel will hear from at least 40 countries and organisations to draw up a so-called advisory opinion on Israel’s humanitarian obligations to Palestinians, 60 days in to the total Israel blockade of aid entering war-ravaged Gaza.
Last year, the UN General Assembly asked the ICJ, also known as the World Court, to weigh in on Israel’s legal responsibilities after it blocked UNRWA from operating in Israeli-controlled territory.
This case is separate from the genocide case under way at the ICJ.
That case, filed by South Africa, accuses Israel of committing genocide in Gaza.
In January 2024, the court asked Israel to take measures to protect Palestinians from the risk of genocide by providing humanitarian assistance and life-saving services.
However, Israel has been accused of flouting the court order and since March 2 has not allowed any aid to enter Gaza, which faces mass starvation if food is not allowed into the enclave, the UN said.
Hungarian Diplomat, Gergo Kocsis voiced his country’s reservations at the International Court of Justice (ICJ) about the ongoing advisory proceedings on Israel’s obligations in the occupied Palestinian territories.
He said that while ongoing proceedings were intended to tackle particular matters concerning a United Nations member state’s obligations under international law, “the pattern of politicisation of international judicial forums cannot be disregarded in examining this case before the esteemed court.”
“It is of great importance to maintain the confidence in the work of the court and to abstain from proceedings that may erode that confidence and may create a situation where the court becomes an actor in an ongoing conflict.”
Gergo Kocsis
He added that the resolution of the Israeli-Palestinian conflict can only be achieved through direct negotiations between the parties on the basis of international law, recalling the ICJ’s 2004 advisory opinion on the Israeli-Palestinian conflict.
Russia Slams Israel At ICJ, Calls Gaza Blockade A ‘Humanitarian Catastrophe’
Meanwhile, Russia told the International Court of Justice (ICJ) that Israel’s actions in the occupied Palestinian territory are leading to a “crisis of legality and humanity.”
Maksim Musikhin, speaking on behalf of Russia, said, “Today, we confront the crisis of legality and humanity in light of systematic undermining of the United Nations Relief and Works Agency for Palestine Refugees (UNRWA)” by Israel and its negligence towards the overall obligations under international law, including those stemming from the status of Israel as an occupying power”
“The urgency of this matter cannot be overstated. Gaza balances on the brink of famine. Hospitals lie in ruins.”
Maksim Musikhin
Musikhin warned that with Israel’s total blockade since March 2 and resumed military operations, Gaza continues to endure devastating destruction and a “humanitarian catastrophe of unprecedented scale.”
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