UN votes overwhelmingly for ICJ probe of Israeli role in Gaza’s ‘dystopian humanitarian nightmare’

People inspect the damage following an Israeli strike on a home in the Al-Daraj neighborhood in Gaza City. (Reuters)

• 137 countries vote in favor of resolution, which was drafted by Norway and co-sponsored by several countries including Saudi Arabia, Qatar, Egypt and Spain
• Norwegian deputy foreign minister says Israel is not collaborating with humanitarian organizations and is in breach of its obligations under international law

The UN General Assembly voted overwhelmingly on Thursday to adopt a resolution calling on the International Court of Justice to issue an advisory opinion on Israel’s humanitarian obligations to ensure and facilitate the unrestricted delivery of humanitarian aid necessary for the survival of Palestinian civilians in Gaza.
The resolution, drafted by Norway, was adopted with 137 member states voting in favor. Israel, the US and 10 other countries voted against it, and 22 abstained.
Israel’s parliament passed laws in October banning the UN’s aid agency for Palestinians, UNRWA, from operating inside Israel and East Jerusalem. Israel alleges that the agency, which has provided critical support for Palestinian refugees for seven decades, has been infiltrated by Hamas but has consistently failed to provide evidence to support the accusation.
Since the start of the war in Gaza, Israel has maintained strict control over the aid that enters the besieged territory. On Thursday, Human Rights Watch became the latest international organization to accuse Israeli authorities of carrying out acts of extermination and genocide against Palestinians by deliberately restricting access to water.
Georgios Petropoulos, the head of the UN’s humanitarian office in Gaza, said on Thursday that Israel was weaponizing the aid system, which is severely limiting the ability to provide assistance to civilians.
“Every day as an aid worker in Gaza, you’re forced to make horrible decisions,” he said. “Should I let people die of starvation or of the cold? Do we bring in more food to ease hunger, or more plastic sheets or some shelter from the rain at night? Do I cut back on hygiene supplies or do I bring in more painkillers for the sick and injured?”
Israeli support for humanitarian operations is “almost zero,” Petropoulos added.
“As the occupying power, it imposes blanket prohibitions on nearly everything. Commercial imports are being banned. Humanitarian equipment and supplies for Gaza are consistently blocked, and our own movements inside the Gaza Strip are most often denied in most areas.”
The resolution adopted by the UN on Thursday, which was co-sponsored by several countries, including Saudi Arabia, Qatar, Egypt and Spain, expresses “grave concern about the dire humanitarian situation in the Occupied Palestinian Territory” and “calls upon Israel to uphold and comply with its obligations not to impede the Palestinian people from exercising its right to self-determination.”
The International Court of Justice is the UN’s highest judicial body. But while its advisory opinions hold legal and political significance, they are not legally binding. The court, based in The Hague, lacks the power to enforce its opinions if they are disregarded.
Norway’s deputy foreign minister, Andreas Kravik, said after the vote that the resolution follows several months during which the world has watched a catastrophic humanitarian situation in Gaza turn into “a dystopian nightmare.”
He added: “45,000 Palestinians have been killed — many more, probably, if you include those under the rubble — and we have an obligation, as representatives of the international community, to respond and to react, and that is what we did today with this resolution.”
While he said there was no lack of willingness among many countries and the UN to step up their humanitarian efforts in Gaza, Kravik lamented the lack of access to the territory as “the fundamental problem” they face.
“Israel is not collaborating,” he said. “Israel is not facilitating humanitarian access. (So) today, the international community has said, ‘Enough is enough.’
“Israel is claiming that they have a right to do what they’re doing. We are now seeking guidance from the highest court of the world, the ICJ, to punctuate this argument. We want clarity on the legal issues.
“We are determined. We are clear-eyed about Israel’s obligations. Israel, under international law, has an obligation to provide assistance, to collaborate with UN humanitarian organizations and third states and let them help those who are suffering.”