What’s happened: The International Court of Justice in the Hague issued an advisory opinion asserting that Israel is legally obligated to allow UN agencies to provide aid to Palestinians in Gaza, the West Bank, and East Jerusalem.
- The Court said that Israel “is under the obligation to agree to and facilitate relief schemes provided by the United Nations and its entities, including Unrwa.”
- The Israeli Ministry for Foreign Affairs called the decision “entirely predictable from the outset” and “yet another political attempt to impose political measures against Israel under the guise of ‘International Law.’”
- The Knesset yesterday voted on two preliminary readings of bills which would apply Israel “sovereignty” on part or all of the West Bank. The Government opposed both bills, but an unusual mixed-motive alliance of right-wing rebels from within the governing coalition and opposition MKs seeking to embarrass the Government saw both preliminary readings pass.
- US Secretary of State Marco Rubio, due to arrive in Israel today, told reporters just before boarding his flight that any move on West Bank annexation would be “threatening for the peace deal.” Regarding yesterday’s Knesset vote, he said, “They’re a democracy, they’re going to have their votes, and people are going to take these positions. But at this time, it’s something that we … think might be counterproductive.”
- Rubio’s visit continues an uninterrupted chain of high-profile American officials in Israel coming to monitor and assist implementation of the ceasefire, which has now been in effect for two weeks. Yesterday, Vice President JD Vance arrived in Israel, joining Trump envoys Steve Witkoff and Jared Kushner.
Context: The ICJ, also called the World Court, is a body of the United Nations tasked with setting disputes between states. It is the same court that will rule on South Africa’s case against Israel, which alleges that Israel is committing “genocide.” It is a separate court from the International Criminal Court (ICC), which has issued arrest warrants for Prime Minister Netanyahu and former Defence Minister Yoav Gallant.
- Israel vehemently denies the “genocide” charge, pointing out that the numbers of deaths include over 20,000 Hamas combatants. In addition, Israel argues that the nature of the fight against Hamas – which began after the massacres on October 7 – which is embedded in a densely populated civilian population and uses hospitals, schools, and mosques – in addition to hundreds of kilometres of tunnels – is inherently complicated and difficult.
- The case regarding Israel’s obligations to facilitate aid was referred to the Court by a vote of the United Nations General Assembly in December 2024 at the instigation of the Norwegian delegation. This followed the passing of a new law in Israel in October 2024 which banned UNRWA in Israel limiting greatly Israel’s cooperation with it in Gaza and the West Bank.
- According to Israeli law, East Jerusalem is part of Israel and not part of the West Bank, so the law has already led to the closure of UNRWA facilities there.
- Israel has not objected to aid coming into Gaza, especially not during the ceasefire. It objects to the role of UNRWA, an organisation it charges with fueling the conflict rather than mitigating it.
- Besides the Gaza Humanitarian Foundation, which Israel has been heavily involved with, Israel also facilitates aid coming in through the World Food Program, World Central Kitchen, and other humanitarian organisations. COGAT reports nearly 6,000 tons of aid entering Gaza since the ceasefire went into effect on October 10.
- The Court’s decision stated that Israel had not substantiated its charge that UNRWA violated its neutrality obligations. The rejection of the Israeli claim came in two parts.
- First, the Court argued that neutrality applies to UNRWA’s obligations to the population it was serving and, implicitly, not to its stance on the conflict.
- Second, the Court said that Israel had not provided sufficient evidence that a significant number of UNRWA employees were members of terrorist organisations.
- Israel’s Court submission documented widespread Hamas infiltration of UNRWA, including Hamas use of at least 32 of its facilities. It also provided evidence of UNRWA employees taking part in the October 7 massacre and alleged that some 1400 of UNRWA’s 13,000 Gaza employees were members of Hamas.
- The advisory opinion is non-binding, and Israel has made clear that it will not be changing its stance on UNRWA. A report on Israel’s Kan radio quotes an unnamed Israeli official saying that UNRWA “will not set foot in Gaza again.”
- The US State Department condemned “this so-called ‘court’” for issuing “a nakedly politicised non-binding ‘advisory opinion’ [that] unfairly bashes Israel and gives UNRWA a free pass for its deep entanglement with and material support for Hamas terrorism.”
- One of the Knesset bills that was passed yesterday was tabled by Avigdor Liberman, and would see the effective annexation of Maaleh Adumim, a West Bank city adjacent to Jerusalem which has been slated for annexation in every peace proposal since 2000. Thirty one members voted in favour, and nine voted against. The other bill, tabled by far-right MK Avi Maoz, would effectively annex the entire West Bank.
- Neither measure has a realistic path to passing into law. 25 members voted in favour and 24 against. The timing is not coincidental – opponents of the government are looking to embarrass it during the visits of senior US officials. The government has made assurances to both the US and some of the moderate Arab states backing the ceasefire that annexation is not presently on the agenda.
Looking ahead: Conflicting media reports give various hints as to American plans for Gaza reconstruction.
- From the new Civil-Military Coordination Centre in Kiryat Gat, where a multinational team led by 200 American officers, with contributions from Britain, Denmark, Jordan, the UAE and others, is operating, there are reports of a technocratic government for Gaza being established, composed of Palestinian and international experts.
- Yediot Ahronot reports that Hamas will select some of its members, though Israel says it will not allow any Hamas involvement.
- A report in the Wall Street Journal suggests American officials are considering a de facto partition of Gaza, at least as a temporary measure, until Hamas is disarmed.
- According to this idea, investment and reconstruction would be focused on areas of the Strip that are free of Hamas control. For now, that would mean the 53% of the territory on the Israeli side of the so-called “yellow line.”



