ICJ: Written statement of the African Union – 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

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10 March 2025

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CONCLUSIONS OF THE AFRICAN UNION.

200. In light of the analysis set out in this written statement, the African Union has the honour to conclude that, in response to the question posed by the General Assembly in its request for an advisory opinion contained in resolution 79/232 of 19 December 2024, the Court should determine that Israel’s obligations relating to the presence and activities of third States and international organizations in the Occupied Palestinian Territory, including those relating to the provision of humanitarian and development assistance and support for the Palestinian people’s right to selfdetermination, are as follows:

1. Israel is under an obligation to ensure the effective enjoyment by the Palestinian population and people in the Occupied Palestinian Territory of their right to existence, to life and to food, in particular by not depriving them of their own means of subsistence and by providing the Palestinian population with quantitatively and qualitatively sufficient food and medical supplies.
2. Israel is under an obligation to ensure the effective enjoyment by the Palestinian population and people in the Occupied Palestinian Territory of their right to health, in particular by ensuring the proper and unimpeded functioning of medical and hospital services.
3. Israel is under an obligation to ensure the effective enjoyment by children in the Occupied Palestinian Territory of their right to education.
4. Israel is under an obligation to take all necessary measures to ensure the effective enjoyment by the Palestinian people in the Occupied Palestinian Territory of its right to social, economic and cultural development, including by bringing an end to the occupation.
5. Israel is under an obligation to respect and facilitate the provision of humanitarian and development assistance to the Palestinian population and people by international organizations and third States.
6. Israel is under an obligation to protect personnel involved in relief schemes in aid of the Palestinian population.
7. Israel is under an obligation to respect the mandate of UNRWA.
8. Israel is under an obligation to respect the privileges and immunities of the United Nations, including those enjoyed by its subsidiary organs, including UNRWA, and to take all necessary measures in its domestic law to ensure that they are guaranteed.
9. Israel is under an obligation to respect the terms of the Comay-Michelmore Agreement until it is replaced by another agreement between UNRWA and Israel setting out Israel’s intention to give UNRWA every assistance, in accordance with its obligations under Article 2, paragraphs 2 and 5, of the Charter.
10. Israel is under an obligation to immediately repeal, by means of its own choosing, the Law to Cease UNRWA Operations and the Law to Cease UNRWA Operations in the Territory of the State of Israel of 28 October 2024 and, pending the implementation of those means, to immediately render those laws ineffective.
11. Israel must respect, facilitate and protect the presence and activities of third States in the Occupied Palestinian Territory in support of the exercise by the Palestinian people of its right to self-determination.
12. Israel must immediately give assurances that it will comply with its international obligations relating to the presence and activities of third States and international organizations, including in relation to the provision of humanitarian and development assistance and support for the exercise by the Palestinian people of its right to self-determination

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