The Hague (Netherlands): The United Nations’ highest court opened hearings Monday into Israel’s obligation to “ensure and facilitate” urgently needed humanitarian assistance to Palestinian civilians in the occupied territories, bringing the ongoing conflict in Gaza back into focus in The Hague.
Israel’s Foreign Minister Gideon Saar called the hearings part of a “systematic persecution and delegitimisation” of his country. Speaking in Jerusalem as the hearings began in The Hague, Saar said the court was “becoming completely politicised.” He called the proceeding “shameful.”
A week of hearings has been scheduled in response to a request last year from the UN General Assembly, which asked the International Court of Justice to weigh in on Israel’s legal responsibilities after the country blocked the UN agency for Palestinian refugees from operating on its territory.
In a resolution sponsored by Norway, the General Assembly requested an advisory opinion, a non-binding but legally important decision from the court, on Israel’s obligations in the occupied territories to “ensure and facilitate the unhindered provision of urgently needed supplies essential to the survival of the Palestinian civilian population?”
Hearings open as the humanitarian aid system in Gaza is nearing collapse. Israel has blocked the entry of food, fuel, medicine and other humanitarian supplies since March 2. It renewed its bombardment on March 18, breaking a ceasefire, and seized large parts of the territory, saying it aims to push Hamas to release more hostages. Despite the stepped-up Israeli pressure, ceasefire efforts remain deadlocked.
The World Food Programme said last week its food stocks in the Gaza Strip have run out under Israel’s nearly 8-week-old blockade, ending a main source of sustenance for hundreds of thousands of Palestinians in the territory. Many families are struggling to feed their children.
The United Nations will be the first to address the court on Monday, followed by Palestinian representatives. In total, 40 states and four international organisations are scheduled to participate. Israel is not scheduled to speak during the hearings, but could submit a written statement. Israel’s Foreign Ministry did not immediately respond to requests for comment.
The United States, which voted against the UN resolution, is scheduled to speak on Wednesday.
The court will likely take months to rule. But experts say the decision, though not legally binding, could profoundly impact international jurisprudence, international aid to Israel and public opinion.
“Advisory opinions provide clarity,” Juliette McIntyre, an expert on international law at the University of South Australia, told The Associated Press. Governments rely on them in international negotiations and the outcome could be used to pressure Israel into easing restrictions on aid.
Whether any ruling will have an effect on Israel, however, is unclear. Israel has long accused the United Nations of being unfairly biased against it and has ignored a 2004 advisory ruling by the ICJ that found its West Bank separation barrier illegal.
On Tuesday, South Africa, a staunch critic of Israel, will present its arguments. In hearings last year in a separate case at the court, the country accused Israel of committing genocide against the Palestinians in Gaza — a charge Israel denies. Those proceedings are still underway.
