The Palestinian Foundation for Human Rights (WITNESS) welcomes the advisory
opinion issued by the International Court of Justice on 22 October 2025, which
categorically affirmed Israel's legal obligations as an occupying power in the
occupied Palestinian territory, in particular towards the United Nations Relief
and Works Agency for Palestine Refugees (UNRWA), and its right to carry out its
humanitarian functions without hindrance.
WITNESS believes that this opinion constitutes a pivotal
legal milestone, as it reaffirms the fundamental principles of international
humanitarian law, in particular:
▶️The commitment of the occupying power
to enable humanitarian relief and not to use siege or starvation as a means of
war.
▶️Respect the privileges and immunities
of United Nations agencies and staff, and do not prejudice their work or
property.
▶️Invalidate Israeli allegations that
attempted to discredit UNRWA by allegedly losing neutrality or organizational
breakthroughs, without providing sufficient legal or on-the-ground evidence.
Shahid asserts that the International Court of Justice, the
highest international judicial body, has granted the Agency full international
legal legitimacy for its continued work in providing assistance and protection
to Palestine refugees, as an integral part of the United Nations system and the
mandate of international humanitarian law.
The provisions of the advisory opinion entail clear
responsibilities on all parties, most notably:
1️Commit Israel to cease all practices impeding humanitarian
access to civilians in Gaza and the West Bank, including restrictions on the
movement of UNRWA staff and relief supplies.
2️Hold the international community and the United Nations
directly responsible for following up on the implementation of the content of
this Opinion and hold Israel accountable for any subsequent violation of its
provisions.
3️⃣ Protection of UNRWA staff and humanitarian installations
as civilian objects protected under the four Geneva Conventions.
4️⃣ Urgently resume international funding to UNRWA to ensure
the continuity of its vital services to millions of Palestine refugees facing
catastrophic humanitarian conditions in Gaza and other areas of operation of
the Agency.
The Palestinian Foundation for Human Rights (Shahed) calls
on the United Nations to take executive action that translates this view into
practical steps, including international monitoring of the movement of aid and
preventing its disruption by the occupation authorities.
It also calls on the international community to
support UNRWA politically and financially as a key pillar in the protection of
Palestine refugees and their right to dignity and return.
It calls on the ICC prosecutor to consider the disruption of
humanitarian aid and obstruction of the functions of UN agencies a war crime
under the Rome Statute, and to take immediate action for investigation and
accountability.
Palestinian Organization for Human Rights (WATCH)