Israel’s Humanitarian Obligations Under International Law

The International Court of Justice (ICJ) is currently hearing a case regarding Israel’s obligations towards Palestinian refugees and humanitarian assistance in Gaza. This follows Israel’s severance of ties with the United Nations Relief and Works Agency (UNRWA) after accusations of collusion with Hamas. The hearings are crucial as they assess Israel’s compliance with international law amidst a worsening humanitarian crisis in Gaza.

Context of the Hearings

The ICJ hearings are set against a backdrop of escalating tensions and humanitarian needs. Israel halted aid to Gaza on 2 March 2025, aiming to pressure Hamas regarding hostages. The United Nations and various aid organisations report severe shortages of food and medical supplies in Gaza. The hearings will last five days, but a ruling may take longer.

Israel’s Legal Position

Israel’s government has declared that UNRWA harbours terrorists and has ceased all cooperation with the agency. This includes denying visas to UNRWA employees. Israel claims it is acting within legal boundaries, asserting that there is no aid shortage in Gaza, which contradicts reports from humanitarian organisations.

Palestinian Claims

The Palestinian ambassador to international organisations has accused Israel of a “genocidal campaign” against Palestinians. He argues that Israel’s actions pose a risk of irreparable harm to the Palestinian population. The UN General Assembly has overwhelmingly supported the ICJ’s involvement to clarify Israel’s legal obligations.

Humanitarian Situation in Gaza

The humanitarian crisis in Gaza has worsened since the aid blockade began. The World Food Programme reported that food prices soared by up to 1,400%. Bakeries have closed due to shortages of essential supplies. Malnutrition is increasing, particularly among vulnerable groups such as children and pregnant women.

International Response

Countries like France, Germany, and the UK have condemned the blockade as “intolerable.” They have also rejected statements from Israeli officials linking aid to political negotiations. The Israeli foreign ministry maintains that it has facilitated aid deliveries during ceasefires but asserts that Hamas has misappropriated supplies.

ICJ’s Role and Implications

The ICJ’s involvement represents evaluation of Israel’s adherence to international law. Previous ICJ rulings have mandated Israel to allow unhindered aid access to Gaza. The current hearings could set important precedents regarding humanitarian obligations in conflict zones.

Future Considerations

The outcome of the ICJ hearings may influence future international policies towards Israel and Palestine. It could also impact humanitarian strategies in conflict situations globally, particularly regarding the protection of civilians and the provision of aid.

Questions for UPSC:

1. Critically analyse the role of international organisations in humanitarian crises, citing examples from recent conflicts.
2. What are the implications of the International Court of Justice’s rulings on state sovereignty? Discuss with suitable examples.
3. Estimate the impact of blockade strategies on civilian populations in conflict zones. How do these strategies affect international humanitarian law?
4. Point out the challenges faced by humanitarian organisations in delivering aid during armed conflicts. What measures can be adopted to overcome these challenges?

Answer Hints:

1. Critically analyse the role of international organisations in humanitarian crises, citing examples from recent conflicts.

1. International organisations like the UN and Red Cross provide essential aid and coordinate relief efforts during crises.
2. They often mediate negotiations between conflicting parties to facilitate humanitarian access, as seen in Syria.
3. Examples include UNRWA’s work with Palestinian refugees and OCHA’s coordination of aid in Yemen.
4. Challenges include political pressures, funding shortages, and access restrictions imposed by warring parties.
5. Successes demonstrate the importance of international law and collective action in addressing humanitarian needs.

2. What are the implications of the International Court of Justice’s rulings on state sovereignty? Discuss with suitable examples.

1. ICJ rulings can challenge state sovereignty by imposing legal obligations under international law, as seen in the case of Israel and Palestine.
2. States may be required to comply with humanitarian standards, impacting their domestic policies and actions.
3. Examples include the ICJ’s ruling against Serbia for its actions in Kosovo, reinforcing accountability for war crimes.
4. Rulings can lead to international sanctions or interventions, influencing state behavior on the global stage.
5. However, states often resist compliance, citing national sovereignty, leading to tensions between international law and state autonomy.

3. Estimate the impact of blockade strategies on civilian populations in conflict zones. How do these strategies affect international humanitarian law?

1. Blockades severely restrict access to food, medical supplies, and essential services, leading to humanitarian crises, as seen in Gaza.
2. They often result in malnutrition, increased mortality rates, and long-term health consequences for civilians.
3. International humanitarian law prohibits collective punishment; blockades that harm civilians can violate these principles.
4. Humanitarian organisations report rising desperation and unrest among affected populations, complicating relief efforts.
5. Blockades can lead to international condemnation and calls for intervention, influencing diplomatic relations and conflict resolution.

4. Point out the challenges faced by humanitarian organisations in delivering aid during armed conflicts. What measures can be adopted to overcome these challenges?

1. Challenges include security risks for personnel, access restrictions due to ongoing hostilities, and bureaucratic hurdles from state actors.
2. Humanitarian organisations often face funding shortages and the politicization of aid, impacting their operations.
3. Coordination with local authorities and armed groups is essential but can be complicated by distrust and conflicting interests.
4. Adopting negotiation strategies and establishing safe corridors can facilitate aid delivery and improve access to affected populations.
5. Strengthening international legal frameworks and ensuring accountability for violations can enhance the protection of humanitarian workers and aid recipients.