The UN General Assembly passed a resolution last December asking the World Court for an opinion on Israel’s obligations to facilitate aid to Palestinians including through states, international groups and the UN The move followed Israel’s banning of the operations of the UN Relief and Works Agency for Palestinian Refugees from its territory over claims UNRWA was infiltrated by Hamas, an allegation the UN has rejected.
The General Assembly’s move requesting an ICJ opinion came in response to Israel’s decision to ban the operations of UNRWA from within its territory since late January this year and other obstacles faced by other UN agencies in their aid work in Gaza. International humanitarian law requires an occupying power to agree to relief programmes for those in need and to facilitate them by all means at its disposal. Israel’s law did not stop UNRWA operations in the West Bank and Gaza but by banning its operations within Israel, but affected its ability to work in the Occupied Palestinian Territory. ICJ advisory options are not legally binding but provide clarity on legal questions and disputes.
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