ICJ to deliver opinion on 'Israel’s' obligations toward UN aid workers

By Al Mayadeen English
Source: Agencies
22 Oct 2025 14:33
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The International Court of Justice will issue a landmark advisory opinion on Wednesday, clarifying "Israel’s" legal duties toward the UN and humanitarian organizations operating in Gaza and the West Bank.

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Aid workers unload boxes of medicine from a truck that arrived at Nasser Medical Complex, as part of the aid batch that entered the Gaza Strip from Rafah crossing, in town of Khan Younis, southern Gaza Strip, Palestine, on October 23, 2023. (AP)

The International Court of Justice (ICJ) will deliver on Wednesday a long-awaited advisory opinion on "Israel’s" obligations to allow and facilitate the work of the United Nations and other aid organisations in the Gaza Strip and the occupied West Bank.

The opinion, requested by the UN General Assembly in late 2024, follows months of deliberations and hearings in The Hague earlier this year. It will address whether "Israel", as the occupying power, must ensure full access for UN and humanitarian agencies amid ongoing restrictions that have severely limited the delivery of food, medical supplies, and fuel to Palestinians.

According to Reuters, the decision comes at a critical time when Gaza faces one of the world’s gravest humanitarian crises, with widespread hunger, devastated infrastructure, and repeated Israeli blockades impeding aid delivery.

Scope of the court’s advisory opinion

The Court’s ruling will not be legally binding but will carry significant political and moral authority, shaping the international community’s interpretation of Israeli responsibilities under humanitarian and occupation law.

At issue is the regime's compliance with the Fourth Geneva Convention, which obliges occupying powers to ensure the welfare of civilian populations and to allow relief operations when local resources are insufficient. The Court is expected to clarify whether "Israel" has a positive duty to facilitate the operations of UN bodies such as the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) and other humanitarian agencies working to assist Palestinians.

US and Israeli position

"Israel" declined to participate in the oral hearings, though it submitted written arguments claiming that it is not legally required to cooperate with or allow the operations of specific aid agencies.

Washington backed that position, with a US State Department lawyer arguing before the Court that Israel “has no obligation under international law to work with the UN’s Palestinian refugee agency.” The US claimed that while humanitarian access should be maintained, it must not compromise Israeli “security imperatives.”

During the hearings held in April and May 2025, more than 40 states and international organizations urged the Court to affirm "Israel’s" duties to enable unimpeded humanitarian access and protect UN operations.

Representatives of several countries, including South Africa, Indonesia, and Ireland, argued that "Israel’s" continuing restrictions amount to collective punishment and a violation of its obligations as an occupying power. They called for the ICJ to reaffirm the applicability of international human rights and humanitarian law to all occupied Palestinian territories.

The advisory opinion follows a separate ICJ ruling in July 2024 that found "Israel’s" continued occupation of Palestinian territories to be unlawful and called for the withdrawal of its forces and settlers. That earlier opinion declared that states are obligated not to recognize or assist in maintaining the occupation of the West Bank.

More than 560 aid workers killed

At least 562 aid workers have been killed in Gaza since October 7, 2023, the UN confirmed earlier in October.

UN spokesperson Stephane Dujarric told reporters that a staff member from Médecins Sans Frontières (MSF) was killed in a strike on Deir al-Balah, which also seriously injured four others while the team was waiting for a bus to travel to an MSF hospital.

“This was the 14th staff member from Médecins Sans Frontières to have been killed in Gaza since the start of this conflict on October 7,” Dujarric said.

MSF identified the victim as Omar Hayek, 42, an occupational therapist who had worked with the organization since 2018.

“All staff were wearing MSF vests, clearly identifying them as medical humanitarian workers,” the organization said, expressing “deep sorrow and outrage” over his killing.

Dujarric also cited figures from the UN humanitarian office, noting:

“OCHA warns that since that date (Oct. 7), at least 562 aid workers have been killed, including some in the line of duty. That includes 376 UN staff members.”