{"id":298502,"date":"2024-07-15T16:02:22","date_gmt":"2024-07-15T20:02:22","guid":{"rendered":"https:\/\/www.un.org\/unispal\/?p=298502"},"modified":"2026-06-02T11:19:01","modified_gmt":"2026-06-02T15:19:01","slug":"icj-and-question-of-palestine","status":"publish","type":"post","link":"https:\/\/www.un.org\/unispal\/icj-and-question-of-palestine\/","title":{"rendered":"International Court of Justice and the question of Palestine"},"content":{"rendered":"

\"The<\/span>

The seat of the Court - the Peace Palace - in The Hague, Netherlands<\/p><\/div><\/div><\/div><\/div><\/div>

\"View<\/span>

View of the courtroom of the International Court of Justice (ICJ), principal judicial organ of the UN, while holding public hearings on the request for an advisory opinion in respect of the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem, from Monday 19 to Monday 26 February 2024, at the Peace Palace in The Hague, the seat of the Court. <\/p><\/div><\/div><\/div><\/div><\/div><\/div><\/div>

The International Court of Justice (ICJ) has played a pivotal role in addressing the complex and contentious issues surrounding the question of Palestine throughout history. As the principal judicial organ of the United Nations, the ICJ has been involved in several key cases that touch on the legality of actions and policies affecting the occupied Palestinian territory.<\/p>\n

Throughout its history, the ICJ’s involvement in the Palestinian question has served to affirm and clarify the application of international law, contributing to the global discourse on rights, sovereignty, and legal responsibilities in conflict situations\u200b\u200b.<\/p>\n

Below are the cases and selected documents.<\/p>\n<\/div>

<\/i><\/i><\/span>1. Obligations of Israel in relation to the presence and activities of the United Nations, other international organizations and third States in and in relation to the Occupied Palestinian Territory<\/span><\/a><\/h4><\/div>
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\"UNRWA

UNRWA social work teams organize activities for children and families next to damaged buildings in the Gaza Strip, July 2024. \u00a9 2024 UNRWA Photo<\/p><\/div>\n

On 29 October 2024<\/strong>, Norway issued a press release<\/a> informing that it will asks the UN General Assembly to request ICJ Advisory Opinion on whether Israel violates international law as it prevents the UN, international humanitarian organization and states from providing humanitarian assistance to the Palestinians under occupation.<\/p>\n

\u2032The international community cannot accept that the UN, international humanitarian organizations, and states continue to face systematic obstacles when working in Palestine and delivering humanitarian assistance to Palestinians under occupation. This undermines the right of Palestinians to receive humanitarian aid and lifesaving assistance. We have a collective obligation to respond to this. We are therefore requesting The International Court of Justice (ICJ) for an advisory opinion on Israel’s obligations to facilitate humanitarian assistance to the Palestinian population, delivered by international organizations, including the UN, and states,\u2019 said Prime Minister Jonas Gahr St\u00f8re.<\/p><\/blockquote>\n

On 12 December 2024<\/strong>, the draft resolution A\/79\/L.28\/Rev.1<\/a> entitled “Request for an advisory opinion of the International Court of Justice on the obligations of Israel in relation to the presence and activities of the United Nations, other international organizations and third States” was tabled.<\/p>\n

On 19 December 2024<\/strong>, by an overwhelming majority vote of 137 to 12, with 22 abstaining, the General Assembly adopted a resolution<\/a> to urgently request an Advisory Opinion of the International Court of Justice on the obligations of Israel in relation to the presence and activities of the United Nations, other international organizations and third States. Operative Parahraph 10 of the resolution states the following:<\/p>\n

10. Decides<\/em>, in accordance with Article 96 of the Charter of the United Nations, to request the International Court of Justice, pursuant to Article 65 of the Statute of the Court, on a priority basis and with the utmost urgency, to render an advisory opinion on the following question, considering the rules and principles of international law, as regards in particular the Charter of the United Nations, international humanitarian law, international human rights law, privileges and immunities applicable under international law for international organizations and States, relevant resolutions of the Security Council, the General Assembly and the Human Rights Council, the advisory opinion of the Court of 9 July 2004, and the advisory opinion of the Court of 19 July 2024, in which the Court reaffirmed the duty of an occupying Power to administer occupied territory for the benefit of the local population and affirmed that Israel is not entitled to sovereignty over or to exercise sovereign powers in any part of the Occupied Palestinian Territory on account of its occupation:<\/strong><\/p>\n

What are the obligations of Israel, as an occupying Power and as a member of the United Nations, in relation to the presence and activities of the United Nations, including its agencies and bodies, other international organizations and third States, in and in relation to the Occupied Palestinian Territory, including to ensure and facilitate the unhindered provision of urgently needed supplies essential to the survival of the Palestinian civilian population as well as of basic services and humanitarian and development assistance, for the benefit of the Palestinian civilian population, and in support of the Palestinian people\u2019s right to self-determination?<\/strong><\/p><\/blockquote>\n

On 22 October 2025<\/strong>, the International Court of Justice issued its Advisory Opinion<\/a> reaffirming Israel\u2019s binding obligations, as the Occupying Power, under international law.\u00a0The Court found that the Palestinian population in Gaza is “inadequately supplied” and that Israel is in violation of its obligations under international humanitarian law to facilitate humanitarian relief and ensure that the essential needs of the population are met. The Court stressed that security claims cannot justify obstructing humanitarian relief or suspending humanitarian activities in the occupied territory. The Court further recognized UNRWA\u2019s indispensable and impartial humanitarian role in Gaza, noting that the Agency remains the backbone of humanitarian response since October 2023. Israel must therefore allow and facilitate humanitarian aid by the United Nations and its entities, including UNRWA.<\/p>\n

On 12 December 2025,<\/strong> by a recorded vote of 139 in favour to 12 against with 19 abstentions, the General Assembly adopted<\/a> a resolution welcoming the advisory opinion of the International Court of Justice. The resolution\u00a0demanded that Israel comply with all its legal obligations under international law, including as stipulated by the Court. These include its obligations as an occupying Power and as a Member of the United Nations, including the general obligation to administer the territory for the benefit of the local population and the obligation to cooperate in good faith with the UN.\u00a0 The text also demanded that Israel immediately allow and facilitate the provision of life-saving humanitarian assistance and basic services to the Palestinian civilian population, including relief provided by the United Nations and its entities, in particular the UNRWA, other international organizations and third States.<\/p>\n

Below are selected documents related to the case:<\/p>\n