THE HAGUE, Netherlands (AP) — The United Nations’ highest court opened hearings Monday into Israel’s obligation to “ensure and facilitate” urgently needed humanitarian assistance to Palestinian civilians in the occupied territories, bringing the ongoing conflict in Gaza back into focus in The Hague.
Israel’s Foreign Minister Gideon Saar called the hearings part of a “systematic persecution and delegitimization” of his country. Speaking in Jerusalem as the hearings began in The Hague, Saar said the court was “becoming completely politicized.” He called the proceeding “shameful.”
A week of hearings has been scheduled in response to a request last year from the U.N. General Assembly, which asked the International Court of Justice to weigh in on Israel’s legal responsibilities after the country blocked the U.N. agency for Palestinian refugees from operating on its territory.
In a resolution sponsored by Norway, the General Assembly requested an advisory opinion, a non-binding but legally important decision from the court, on Israel's obligations in the occupied territories to "ensure and facilitate the unhindered provision of urgently needed supplies essential to the survival of the Palestinian civilian population?”
Hearings open as the humanitarian aid system in Gaza is nearing collapse. Israel has blocked the entry of food, fuel, medicine and other humanitarian supplies since March 2. It renewed its bombardment on March 18, breaking a ceasefire, and seized large parts of the territory, saying it aims to push Hamas to release more hostages. Despite the stepped-up Israeli pressure, ceasefire efforts remain deadlocked.
The World Food Program said last week its food stocks in the Gaza Strip have run out under Israel’s nearly 8-week-old blockade, ending a main source of sustenance for hundreds of thousands of Palestinians in the territory. Many families are struggling to feed their children.
What will happen in the court?
The United Nations will be the first to address the court on Monday, followed by Palestinian representatives. In total, 40 states and four international organizations are scheduled to participate. Israel is not scheduled to speak during the hearings, but could submit a written statement. Israel's Foreign Ministry did not immediately respond to requests for comment.
The United States, which voted against the U.N. resolution, is scheduled to speak on Wednesday.
The court will likely take months to rule. But experts say the decision, though not legally binding, could profoundly impact international jurisprudence, international aid to Israel and public opinion.
“Advisory opinions provide clarity,” Juliette McIntyre, an expert on international law at the University of South Australia, told The Associated Press. Governments rely on them in international negotiations and the outcome could be used to pressure Israel into easing restrictions on aid.
Whether any ruling will have an effect on Israel, however, is unclear. Israel has long accused the United Nations of being unfairly biased against it and has ignored a 2004 advisory ruling by the ICJ that found its West Bank separation barrier illegal.
On Tuesday, South Africa, a staunch critic of Israel, will present its arguments. In hearings last year in a separate case at the court, the country accused Israel of committing genocide against the Palestinians in Gaza — a charge Israel denies. Those proceedings are still underway.
Israel's troubled relations with UNRWA
Israel’s ban on the agency, known as UNRWA, came into effect in January. The organization has faced increased criticism from Prime Minister Benjamin Netanyahu and his far-right allies, who claim the group is deeply infiltrated by Hamas. UNRWA rejects that claim.
Israel alleged that 19 out of UNRWA’s approximately 13,000 staff in Gaza took part in Hamas’ Oct. 7, 2023, attack in southern Israel, which killed about 1,200 people and set off the war in Gaza. UNRWA said it fired nine staffers after an internal U.N. investigation concluded that they could have been involved, although the evidence was not authenticated and corroborated. Israel later alleged that about 100 other Palestinians in Gaza were Hamas members, but never provided any evidence to the United Nations. Israel has also accused Hamas of using U.N. facilities for cover, building tunnels near U.N. buildings and diverting aid deliveries for its own use.
The Israeli ban doesn't apply directly to Gaza. But it controls all entry to the territory, and its ban on UNRWA from operating inside Israel greatly limits the agency's ability to function. Israeli officials say they are looking for alternative ways to deliver aid to Gaza that would cut out the United Nations.
UNRWA was established by the U.N. General Assembly in 1949 to provide relief for Palestinians who fled or were expelled from their homes in what is now Israel during the war surrounding Israel's creation the previous year until there is a political solution to the Israeli-Palestinian conflict.
The agency has been providing aid and services — including health and education — to some 2.5 million Palestinians in Gaza, the occupied West Bank and east Jerusalem, as well as 3 million more in Syria, Jordan and Lebanon.
Israel’s air and ground war has killed over 51,000 Palestinians, mostly women and children, according to the Gaza Health Ministry, which does not say how many of the dead were civilians or combatants. Israel says it has killed around 20,000 militants, without providing evidence.
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Associated Press writer Tia Goldenberg in Jerusalem contributed to this report.
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Follow AP’s war coverage at https://apnews.com/hub/israel-hamas-war
Molly Quell And Mike Corder, The Associated Press
