President of International Court of Justice Cites Judicial Organ’s Legal Duties on Climate Change, Occupation in Address to General Assembly

30 October 2025

(Excerpt on the situation in the State of Palestine)

Eightieth Session,
24th & 25th Meetings (AM & PM)

Detailing the judicial activities of the International Court of Justice over the past year, its President described to the General Assembly today how the principal judicial organ of the United Nations contributes to the Organization’s objectives as it continues to advise and adjudicate on issues of global importance.

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Turning to the second advisory opinion — delivered on 22 October 2025 — he said that the Court considered Israel’s obligations as an occupying Power and UN Member State regarding UN presence and activities in and related to the Occupied Palestinian Territory.  “Given the circumstances on the ground, the Court paid particular attention to Israel’s obligations in the Gaza Strip,” he noted. The Court observed that, since 7 October 2023, Israel’s effective control over the Strip had increased significantly.  “Therefore, the Court found that Israel’s obligations under the law of occupation had also increased significantly,” he reported.

The Court, he said, also found that the local population in Gaza has been inadequately supplied and that Israel, as the occupying Power, is obliged to “facilitate relief schemes provided by the United Nations, including UNRWA [United Nations Relief and Works Agency for Palestine Refugees in the Near East]”.  Additionally, the Court held that Israel is prohibited from restricting the presence and activities of the UN, other international organizations and third States “to a degree that created conditions of life that would force the population to leave”, he said — nor can it use starvation as a method of warfare.

The Court also noted that, to the extent the local population has been capable of enjoying human rights, this has been largely enabled and ensured through UN efforts — particularly through UNRWA.  The Court therefore held, he recalled, that “any diminution by Israel of the capacity of these entities to ensure these basic human rights meant that the obligations of Israel to protect these rights increase to a commensurate degree”.

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On the Court’s recent advisory opinion concerning Israel, South Africa’s representative recalled the Court’s 1971 finding that the implementation of Apartheid was a violation of the Charter of the United Nations and that the occupation of his country was illegal.  Also spotlighting the Court’s advisory opinion regarding Israel’s obligations as an occupying Power, he rejected attempts by Israel — or any Member State — to ignore their legal obligations.

Israel’s Presence in Occupied Palestinian Territory ‘Unlawful, Must End’

Oman’s representative, speaking for the Arab Group, also pointed to that advisory opinion — issued in the case brought by South Africa — stressing that Israel must implement this measure to protect the Palestinian people.  Further, the Court’s 22 October advisory opinion affirmed Israel’s obligation to facilitate the work of humanitarian agencies — especially UNRWA — and refuted false claims made against the Agency.  The Court, he said, has therefore played a historic role in defending the rights of Palestinians.

The representative of Uganda, speaking for the Non-Aligned Movement, also welcomed South Africa’s 2023 case against Israel and called on the latter country to comply with the provisional measures issuing therefrom.  He further welcomed the Court’s July 2024 advisory opinion affirming that Israel’s presence in the Occupied Palestinian Territory is “unlawful and must be ended as rapidly as possible”.  Urging “serious efforts” to ensure respect for the Court’s legal determinations, he also recalled the clear finding of an obligation to pursue nuclear disarmament in the Court’s 1996 advisory opinion on nuclear weapons.

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To learn more about all ICJ cases related to the question of Palestine, click here to visit the dedicated webpage.