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ICJ rules 'Israel' failed to prove UNRWA staff are Hamas members

  • By Al Mayadeen English
  • Source: Agencies
  • 22 Oct 2025 18:08
6 Min Read

The ICJ has ruled that "Israel" must allow aid into Gaza and ensure the Palestinians' survival needs, emphasizing UNRWA's key role amid a worsening crisis.

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  • Presiding Judge Yuji Iwasawa, starts reading the advisory opinion of the ICJ on what 'Israel' must do to ensure humanitarian aid reaches Palestinians in Gaza and the occupied West Bank, in The Hague, Netherlands, Wednesday, Oct. 22, 2025 (AP)
    Presiding Judge Yuji Iwasawa starts reading the advisory opinion of the ICJ on what "Israel" must do to ensure humanitarian aid reaches Palestinians in Gaza and the occupied West Bank, in The Hague, Netherlands, Wednesday, Oct. 22, 2025 (AP)

The International Court of Justice ruled on Wednesday that "Israel" was obligated to facilitate the entry of aid into the Gaza Strip and emphasized the necessity for it to supply Palestinians with the basic needs required for their survival.

This broad ruling from the ICJ was issued as humanitarian organizations are urgently working to increase the delivery of critically needed aid into Gaza, an effort that leverages a fragile ceasefire reached earlier in the month.

ICJ President Yuji Iwasawa stated that "Israel" was obligated to agree to and facilitate the relief schemes which were being provided by the United Nations and its affiliated entities.

This decision included UNRWA, the UN agency for Palestinian refugees, which "Israel" has banned after it claimed that some of the agency's staff had participated in Operation Al-Aqsa Flood on October 7, 2023. The ICJ dismissed "Israel's" claim against the agency after it failed to provide substantial proof.

Norway to propose UN resolution demanding 'Israel' lift Gaza aid restrictions

Norway, the country that initiated the UN resolution requesting an advisory opinion from the ICJ on "Israel's" obligations, said it will propose a UN General Assembly resolution demanding that "Israel" lift restrictions on aid to Palestinians, Foreign Minister Espen Barth Eide said following the ICJ ruling.

"Norway intends to follow up on this (ICJ) decision with a new resolution at the UN General Assembly," Barth Eide told a press conference.

On the Israeli claim that UNRWA staff members were Hamas members who took part in the October 7 operation, ICJ President Yuji Iwasawa said, "The court finds that Israel has not substantiated its allegations that a significant part of UNRWA's employees are 'members of Hamas... or other terrorist factions'."

While "Israel" did not participate in the proceedings, an official had previously informed journalists that the case constituted an abuse of international law, further clarifying that while the occupation cooperates with international organizations and other UN agencies concerning Gaza, it would not cooperate with UNRWA.

Aid not enough despite ramped-up efforts: WFP

On the eve of the ICJ ruling, Abeer Etefa, the Middle East spokeswoman for the UN's World Food Programme (WFP), reported that 530 of the organization's trucks had successfully crossed into Gaza since the ceasefire began.

However, Etefa noted that the current daily delivery rate of around 750 tonnes, while representing an increase over pre-ceasefire levels, remains significantly below the WFP's target of approximately 2,000 tonnes per day.

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Meanwhile, the ICJ stated that "Israel", as the occupying power, was obligated to ensure the basic needs of the local population, including the supplies essential for their survival, while also being under an obligation not to impede the provision of these supplies.

The UN asked the ICJ to clarify "Israel's" duties to facilitate aid into Gaza. The court ruled that "Israel" must actively ensure Palestinians' basic survival needs and must not block humanitarian supplies.

This ruling came after hearings where the US argued "Israel" had no obligation to work with UNRWA, the main aid agency; however, the International Court of Justice noted that UNRWA is currently irreplaceable for the aid effort.

The case is separate from other international lawsuits against "Israel". The decision pressures "Israel" to increase aid flow, which agencies report is still far below what is needed to prevent a crisis.

Other cases pending

In July 2024, the ICJ issued another advisory opinion stating that "Israel's" occupation of the Palestinian territories was "unlawful" and must end as soon as possible.

ICJ judges are also weighing accusations, brought by South Africa, that "Israel" has broken the 1948 UN Genocide Convention with its actions in Gaza.

Another court in The Hague, the International Criminal Court, has issued arrest warrants for "Israel's" Prime Minister Benjamin Netanyahu for alleged war crimes and crimes against humanity.

Hamas welcomes ICJ advisory opinion

Hamas welcomed the advisory opinion of the International Court of Justice, which refuted the false claims of the Israeli occupation against UNRWA.

The opinion, Hamas added, also reaffirmed the vital humanitarian role played by the agency, alongside other UN institutions, in providing relief to our Palestinian people in the Gaza Strip.

"The Court’s decision to prohibit the use of starvation as a weapon of war confirms that the occupation, which deliberately starves Palestinians, is committing a form of genocide," Hamas' statement read.

It noted that the Court further emphasized that “Israel", as an occupying power, must refrain from applying its domestic laws to the occupied Palestinian territories, effectively blocking all attempts to legitimize settlement expansion or impose facts on the ground by force.

"The Court’s affirmation of the need for the occupation to meet the urgent humanitarian needs of the Palestinian people in Gaza constitutes a clear call for the international community to take immediate action to ensure the entry of humanitarian aid and to prevent its politicization or use as a tool of pressure by the occupation," it concluded.

Palestinian official urges world to force 'Israel' to comply with ICJ ruling

On his part, the Palestinian delegate to the International Court of Justice urged the world to ensure "Israel" complies with the court's ruling to allow aid into Gaza.

"It is about time that the international community rise up to the challenge because we know... that Israel will not oblige and will not uphold these responsibilities as delineated by the court," Ammar Hijazi told reporters at the court.

"So, the responsibility is on... the international community to uphold these values and oblige Israel, bring Israel into compliance with these laws," added Hijazi.

  • UNRWA
  • Palestine
  • International Court of Justice
  • Israel
  • Israeli siege on Gaza
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