The International Court of Justice (ICJ), in its Advisory Opinion, reaffirmed Israel’s obligations as an occupying power under international humanitarian and human rights law in relation to the Occupied Palestinian Territory (OPT). These obligations arise principally from the Fourth Geneva Convention (1949), the Hague Regulations (1907), and Additional Protocol I (1977), as well as from customary international law and key human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), the Convention on the Rights of the Child (CRC), and the Convention on the Rights of Persons with Disabilities (CRPD). Together, these instruments establish a comprehensive framework obliging the occupying power to ensure the welfare, dignity, and protection of the civilian population under its control.
Obligations of Israel as an Occupying Power
- Facilitation of Humanitarian Relief – Under Article 59 of the Fourth Geneva Convention, Israel must agree to and facilitate relief schemes whenever the local population is inadequately supplied. This obligation is unconditional and extends to aid provided by States, the United Nations, and impartial humanitarian organisations such as United Nations Relief and Works Agency for Palestine Refugees (UNRWA).
- Support for UNRWA and Humanitarian Agencies – Israel must allow and cooperate with the operations of UNRWA and other international organisations delivering humanitarian assistance, recognising their impartial role and irreplaceable capacity in Gaza.
- Ensuring Basic Needs of the Population – Pursuant to Articles 55 and 56 of the Fourth Geneva Convention and Article 69(1) of Additional Protocol I, Israel must ensure access to food, water, shelter, and medical care, and refrain from impeding humanitarian operations.
- Protection of Relief and Medical Personnel – Humanitarian and medical workers must be respected and protected at all times under customary international law; restrictions on their movement are permissible only in cases of imperative military necessity.
- Prohibition of Forcible Transfer or Deportation – Under Article 49 of the Fourth Geneva Convention, Israel is prohibited from forcibly transferring or deporting civilians or creating conditions that compel displacement.
- Prohibition of Starvation as a Method of Warfare – Customary international law and Article 54 of Additional Protocol I prohibit the use of starvation against civilians.
- Respect for Human Rights Treaties – Israel must respect, protect, and fulfil the human rights of Palestinians under the international instruments to which it is a State Party.
- General Duty of Administration – As an occupying power, Israel is required to administer the territory for the benefit of the local population, ensuring public order, civil life, and the effective functioning of humanitarian and international agencies.
ICJ Findings and Observations:
The ICJ found that the civilian population in Gaza has been inadequately supplied, triggering Israel’s obligations under Article 59 of the Fourth Geneva Convention. The Court observed that Israel had blocked or severely restricted humanitarian aid between 2 March and 18 May 2025, with limited access, thereafter, resulting in widespread deprivation.
ICJ rejected Israel’s claims that UNRWA lacked impartiality or that its staff were affiliated with armed factions, noting no credible evidence of such conduct. The Court further held that the denial of humanitarian assistance, the obstruction of relief operations, and the conditions imposed on civilians could amount to violations of the Fourth Geneva Convention, Additional Protocol I, and customary international law, including the prohibition of starvation and forcible transfer.
Conclusion
The ICJ’s findings reaffirm that Israel, as the occupying power, bears continuing and comprehensive legal duties toward the Palestinian population. These include facilitating humanitarian relief, safeguarding access to essential supplies, protecting medical and aid personnel, prohibiting forced displacement, and upholding fundamental human rights. In reaffirming these obligations, the Court emphasises that occupation carries not only control, but also responsibility — and that the protection of civilians and the preservation of human dignity remain paramount under international law.