ICJ Press Release: The Court gives its Advisory Opinion and responds to the question posed by the General Assembly: 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

22 October 2025.

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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

The Court gives its Advisory Opinion and responds to the question posed by the General Assembly

The International Court of Justice has today given its Advisory Opinion on the 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.

It is recalled that the General Assembly of the United Nations adopted resolution 79/232 in which, referring to Article 65 of the Statute of the Court, it requested the International Court of Justice to give an advisory opinion on the following question:

“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’s right to self-determination?”

The request for an advisory opinion was transmitted to the Court by the Secretary-General of the United Nations by a letter dated 20 December 2024. During the written phase of the proceedings, 45 written statements were filed in the Registry by States and international organizations. The Court held public hearings in the proceedings from 28 April 2025 to 2 May 2025, during which 39 States, the United Nations and three other international organizations presented oral statements.

In its Advisory Opinion, the Court:

“(1) Unanimously,

Finds that it has jurisdiction to give the advisory opinion requested;

(2) Unanimously,

Decides to comply with the request for an advisory opinion;

(3) Is of the opinion that the State of Israel, as an occupying Power, is required to fulfil its obligations under international humanitarian law. These obligations include the following:

(a) Unanimously,

to ensure that the population of the Occupied Palestinian Territory has the essential supplies of daily life, including food, water, clothing, bedding, shelter, fuel, medical supplies and services;

(b) By ten votes to one,

to agree to and facilitate by all means at its disposal relief schemes on behalf of the population of the Occupied Palestinian Territory so long as that population is inadequately supplied, as has been the case in the Gaza Strip, including relief provided by the United Nations and its entities, in particular the United Nations Relief and Works Agency for Palestine Refugees in the Near East, other international organizations and third States, and not to impede such relief;

IN FAVOUR: President Iwasawa; Judges Tomka, Abraham, Xue, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Tladi;

AGAINST: Vice-President Sebutinde;

(c) Unanimously,

to respect and protect all relief and medical personnel and facilities;

(d) Unanimously,

to respect the prohibition on forcible transfer and deportation in the Occupied Palestinian Territory;

(e) Unanimously,

to respect the right of protected persons from the Occupied Palestinian Territory who are detained by the State of Israel to be visited by the International Committee of the Red Cross; and

(f) Unanimously,

to respect the prohibition on the use of starvation of civilians as a method of warfare;

(4) By ten votes to one,

Is of the opinion that, as an occupying Power, the State of Israel has an obligation under international human rights law to respect, protect and fulfil the human rights of the population of the Occupied Palestinian Territory, including through the presence and activities of the United Nations, other international organizations and third States, in and in relation to the Occupied Palestinian Territory;

IN FAVOUR: President Iwasawa; Judges Tomka, Abraham, Xue, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Tladi;

AGAINST: Vice-President Sebutinde;

(5) By ten votes to one,

Is of the opinion that the State of Israel has an obligation to co-operate in good faith with the United Nations by providing every assistance in any action it takes in accordance with the Charter of the United Nations, including the United Nations Relief and Works Agency for Palestine Refugees in the Near East, in and in relation to the Occupied Palestinian Territory;

IN FAVOUR: President Iwasawa; Judges Tomka, Abraham, Xue, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Tladi;

AGAINST: Vice-President Sebutinde;

(6) By ten votes to one,

Is of the opinion that the State of Israel has an obligation under Article 105 of the Charter of the United Nations to ensure full respect for the privileges and immunities accorded to the United Nations, including its agencies and bodies, and its officials, in and in relation to the Occupied Palestinian Territory;

IN FAVOUR: President Iwasawa; Judges Tomka, Abraham, Xue, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Tladi;

AGAINST: Vice-President Sebutinde;

(7) By ten votes to one,

Is of the opinion that the State of Israel has an obligation under Article II of the Convention on the Privileges and Immunities of the United Nations to ensure full respect for the inviolability of the premises of the United Nations, including those of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, and for the immunity of the property and assets of the Organization from any form of interference;

IN FAVOUR: President Iwasawa; Judges Tomka, Abraham, Xue, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Tladi;

AGAINST: Vice-President Sebutinde;

(8) By ten votes to one,

Is of the opinion that the State of Israel has an obligation under Articles V, VI and VII of the Convention on the Privileges and Immunities of the United Nations to ensure full respect for the privileges and immunities accorded to the officials and experts on mission of the United Nations, in and in relation to the Occupied Palestinian Territory.

IN FAVOUR: President Iwasawa; Judges Tomka, Abraham, Xue, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Tladi;

AGAINST: Vice-President Sebutinde.”

Vice-President SEBUTINDE appends a separate opinion to the Advisory Opinion of the Court; Judges ABRAHAM and CLEVELAND append a joint declaration to the Advisory Opinion of the Court; Judge XUE appends a separate opinion to the Advisory Opinion of the Court; Judge CHARLESWORTH appends a declaration to the Advisory Opinion of the Court; Judge BRANT appends a separate opinion to the Advisory Opinion of the Court; Judge GÓMEZ ROBLEDO appends a partially dissenting opinion to the Advisory Opinion of the Court; Judges CLEVELAND and TLADI append declarations to the Advisory Opinion of the Court.

Related content:

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

The Court gives its Advisory Opinion and responds to the question posed by the General Assembly

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