DaysofPal—On Monday, the International Court of Justice (ICJ) commenced five days of hearings to examine Israeli responsibilities toward the United Nations and other international entities operating in the occupied Palestinian territories. The case was triggered by Israeli legislation passed in October 2024 that effectively outlawed the UN agency for Palestinian refugees, UNRWA, sparking global condemnation and accusations that Israeli occupation violated the UN Charter, particularly the protections granted to UN agencies.
The hearings coincide with Israel’s ongoing blockade of humanitarian aid to Gaza, now entering its 50th day since March 2, and a surge in military operations that have killed hundreds of civilians since a ceasefire collapsed on March 18. This marks the third advisory opinion case since 2004 brought before the World Court concerning Israeli breaches of international law.
Approximately 40 countries, including Palestine, are presenting arguments during the sessions, which run from April 28 to May 2. Israel’s primary ally, the United States, is scheduled to address the court at the Peace Palace on April 30. The proceedings stem from a December 29, 2024 resolution (A/RES/79/232) led by Norway, urging the ICJ to issue an advisory opinion on the Israeli occupation’s obligations as an occupying power and member of the UN.
The resolution asks the court to clarify the Israeli occupation’s duties regarding the presence and activities of the UN, its agencies, international organizations, and third-party states in the occupied Palestinian territories. Specifically, it seeks guidance on ensuring unhindered access to essential supplies, basic services, and humanitarian aid for Palestinians, as well as upholding their right to self-determination. The court will consider various legal frameworks, including the UN Charter, international humanitarian and human rights laws, and prior ICJ rulings, such as the 2004 decision declaring the Israeli occupation’s separation wall illegal and the July 2024 advisory opinion affirming the illegality of Israeli occupation.
Swedish lawyer Elinor Hammarskjold opened the hearings and has been serving as the UN’s Under-Secretary-General for Legal Affairs since 2025. She emphasized that under international law, acquiring territory by force is prohibited, and Israeli crimes against UNRWA extend claims of sovereignty over occupied Palestinian lands—a violation of its obligations. Hammarskjold stressed Israeli occupation’s duty as an occupying power to safeguard both Palestinians and UN personnel, ensuring compliance with international humanitarian law.
Palestine’s ambassador to the UN, Ammar Hijaz, accused the Israeli occupation of weaponizing humanitarian aid, describing its policies as aimed at forcibly displacing and destroying the Palestinian population. He warned that these measures inflict long-term harm, jeopardizing an entire generation of Palestinian children. Irish lawyer Blinne Ni Ghralaigh, representing Palestine, outlined Israeli egregious violations of its UN membership obligations, including failure to cooperate with the organization, protect its staff and property, and respect resolutions and court orders.
Ghralaigh highlighted the unprecedented dangers faced by UN personnel in Gaza, citing statistics showing that over 418 aid workers have been killed in the past 18 months—the deadliest period in the UN’s history. She quoted Médecins Sans Frontières, stating that Gaza has become “a mass grave” for Palestinians and those attempting to assist them. Ghralaigh argued that Israeli crimes blatantly violate Article 2(5) of the UN Charter, which mandates full cooperation with the organization, while also disregarding protections for UN facilities and officials, obligations that apply in both peace and conflict.
The hearings underscore the gravity of the alleged Israeli misconduct and the shared responsibility of the international community to ensure accountability and uphold the principles of international law.
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