Statement attributable to the Spokesperson for the Secretary General – on the Advisory Opinion of the International Court of Justice

The Secretary-General welcomes the Advisory Opinion issued today by the International Court of Justice, which reaffirmed several fundamental obligations of Israel under international law.

The Court emphasized that, as an occupying power, Israel is under the obligation to ensure that the population of the Occupied Palestinian Territory has the essential supplies of daily life. When the population is inadequately supplied, as has been the case in Gaza, Israel is under an obligation to agree to and facilitate appropriate impartial relief schemes, including those provided by the United Nations, and must not impede them.

The Court also reaffirmed Israel’s obligations under international humanitarian law to respect and protect all relief and medical personnel and facilities; to respect the prohibition of forcible transfer and deportation of civilian population and the prohibition of use of starvation of the civilian population as a method of warfare; and to respect the right of protected persons detained by Israel to be visited by the International Committee of the Red Cross.

It recalled that 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.

The Court noted the indispensable role of the United Nations, including the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) in providing humanitarian relief in Gaza and supporting the self-determination of the Palestinian people. The Court rejected the allegations concerning UNRWA’s lack of impartiality and neutrality.

The Court reaffirmed Israel’s obligation as a Member State to cooperate with the United Nations, including UNRWA, in and in relation to the Occupied Palestinian Territory. It confirmed that Israel has an obligation to respect the privileges and immunities of the Organization, including its agencies and bodies, and its personnel.  The Court reaffirmed the obligation to respect the inviolability of United Nations premises and not to interfere with its property and assets. These obligations continue to apply in times of armed conflict.

The Secretary-General strongly urges Israel to comply with its obligations in relation to the presence and activities of the United Nations and other humanitarian actors in the Occupied Palestinian Territory in accordance with the Advisory Opinion. The Secretary-General continues to emphasize that all parties must comply with their obligations under international law, including international humanitarian law and international human rights law, at all times.

The Secretary-General will promptly transmit the Advisory Opinion to the General Assembly, which had requested the Court’s advice. It is for the General Assembly to decide on any further action it may wish to take on this matter.

The United Nations will continue to deliver humanitarian relief to the population in the Occupied Palestinian Territory.  The impact of this Opinion will be decisive to improve the tragic situation in Gaza.

The Secretary-General reiterates his appeal to establish a credible political path forward towards ending the occupation, leading to a two-State solution, with Israel and Palestine living side by side in peace and security within their secure and recognized borders on the basis of pre-1967 lines, with Jerusalem as the capital of both states – in line with international law, UN resolutions and other relevant agreements.