Background of the Conflict

During recent hearings at the International Court of Justice (ICJ), a significant focus has been placed on the humanitarian crisis in Gaza and the treatment of workers from the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). Among the 38 countries and three regional blocs addressing the court, only the United States and Hungary have openly defended Israel’s actions, which have resulted in the deaths of nearly 300 UNRWA employees over a prolonged period of violence.

U.S. Legal Position

U.S. State Department legal adviser, Joshua Simmons, presented arguments defending Israel’s right to limit humanitarian operations. He noted that, under international law governing occupations, Israel has discretion over which humanitarian organizations can operate within its controlled territories. This assertion comes in light of the ICJ’s prior ruling in June 2024 that deemed Israel’s occupation illegal and akin to apartheid.

Concerns About UNRWA

Simmons raised “serious concerns” regarding UNRWA’s impartiality, alleging that Hamas had exploited UNRWA facilities and that personnel may have participated in violent events against Israel. He concluded that Israel is not obligated to allow UNRWA to contribute humanitarian assistance in Gaza, emphasizing that alternative means of delivering aid exist.

UNRWA’s Internal Challenges

Philippe Lazzarini, Commissioner-General of UNRWA, criticized the agency’s decision to dismiss nine employees amid allegations of their involvement in a Hamas-led attack against Israel in October 2023, which resulted in over 1,100 deaths. He acknowledged the lack of due process in the firings, with subsequent investigations failing to independently verify the claims made by Israel.

Allegations of Human Rights Violations

Lazzarini also highlighted the maltreatment of UNRWA staff by Israeli forces, detailing reports of torture including physical abuse and forced confessions. These allegations have fueled funding cuts from various nations, although many countries later resumed financial support as doubts about the validity of Israel’s claims surfaced.

Despite the accusations, the U.S. has remained firm in not restoring funding to UNRWA while also re-evaluating its position on the agency’s immunity from lawsuits. This shift opens the possibility for legal action by survivors of the October 7 attacks against the agency.

Broader Context of Israeli Operations

Israel’s military actions have had devastating consequences on Gaza, with over 184,000 Palestinians reported killed, injured, or missing since the onset of hostilities. Most of Gaza’s population of over 2 million has been forcibly displaced due to ongoing sieges, leading to dire humanitarian conditions.

International Reactions and Implications

The ICJ is currently reviewing a genocide case against Israel, spearheaded by South Africa and supported by numerous nations. This week’s hearings are crucial as they coincide with ongoing legal and diplomatic disputes regarding Israel’s treatment of humanitarian agencies and its operations in Palestinian territories.

Palestinian Ambassador to the Netherlands, Ammar Hijazi, stressed that Israel’s use of humanitarian aid as a strategic weapon has exacerbated the plight of Gaza’s population. He expressed concerns that the U.S. position in these hearings focuses solely on the rights of an occupying power while neglecting its broader obligations under international law.

The Future of UNRWA Amid Ongoing Conflict

Nations defending UNRWA during the ICJ hearings include Indonesia and Russia, highlighting the agency’s fundamental role in providing humanitarian assistance. Indonesian Foreign Minister Sugiono affirmed the Palestinians’ right to self-determination, while Russian officials called for respect for international law and suggested that UNRWA’s efforts merit recognition on a global scale.