ICJ Advisory on Israel's Obligations to Facilitate UN Missions in Palestine : Shared by Anis Salem

Summary of ICJ Advisory Opinion

“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” (22 October 2025) 196-20251022-pre-01-00-en (1) The International Court of Justice (ICJ) delivered an advisory opinion requested by the UN General Assembly under resolution 79/232, clarifying Israel’s obligations as an occupying power toward the United Nations, other international organizations, third states, and the Palestinian population. 

 The Court ruled unanimously that it had jurisdiction and that Israel is required to fulfill its obligations under international humanitarian law and human rights law, including ensuring the welfare and protection of Palestinians under occupation. 

 Key findings: 

•  Essential needs: Israel must ensure access to food, water, shelter, fuel, and medical care for Palestinians. 
•  Relief access (10–1 vote): Israel must agree to and facilitate relief operations by all means available, including those by UN agencies (notably UNRWA), other international organizations, and third states, and must not impede such aid. 
•  Protection: Israel must respect and protect all relief and medical personnel and facilities. Prohibitions: It must refrain from forcible transfer and deportation, and not use starvation of civilians as a method of warfare. 
•  Detainee rights: Protected persons detained by Israel are entitled to ICRC visits. 
•  Human rights: Israel must respect, protect, and fulfill the human rights of Palestinians in the occupied territory (10–1 vote). Cooperation with the UN (10–1 vote): 
• Israel must cooperate in good faith with the UN and respect its Charter obligations, including the privileges and immunities of UN agencies and staff. 
•  UN premises and assets (10–1 vote): Israel must respect the inviolability of UN premises, property, and assets in the occupied territory, and ensure full immunity from interference. Privileges and immunities (10–1 vote): 
• It must uphold protections for UN officials and experts on mission under the Convention on the Privileges and Immunities of the UN. 
•  The Court’s decision was supported by 10 judges; Vice-President Sebutinde dissented on several points. Several judges appended separate or joint opinions. 
•  The ICJ’s opinion reaffirms that Israel, as the occupying power, bears comprehensive legal responsibility to enable humanitarian operations, protect civilians, and cooperate fully with the United Nations and other international actors in the occupied Palestinian territory.