Gaza blockade Restrictions a breach of obligations, says top court

Israel must allow aid into Gaza, and its restrictions on doing so over the past two years have put it in breach of its obligations, the UN's top court has found.

- Patrick Wintour

The advisory opinion by the international court of justice (ICJ) in the Hague also found that Israel had a duty not to impede the supply of aid by UN organisations, including the UN's Palestinian reliefagency, Unrwa, which has in effect been banned from the territory since January.

The court found Israel had not produced adequate evidence to justify ending cooperation with Unrwa on the basis that it was not a neutral organisation under the Geneva conventions.

The court instead found the organisation was the backbone of all humanitarian assistance in the area, requiring Israel to cooperate with the organisation in good faith.

The ruling that Israel has violated the UN's immunities as set out in the UN charter, as well as ignored its humanitarian obligations as an occupying power, is bound to lead to further calls for Israel's suspension from the UN.

It is also possible that some countries will claim that the UN secretary general, António Guterres, should seek damages from Israel for breaching the immunities of UN staff premises and entities inside occupied Palestine, by bombing them and ending cooperation with Unrwa.

Israel paid compensation in one previous case nearly 40 years ago.