At the request of the UN General Assembly, the International Court of Justice (ICJ), the internal court of the United Nations, issued an advisory opinion on 22 October on the “Obligations of Israel with regard to the presence and activities of the United Nations, other international organizations and third States in and in connection with the Occupied Palestinian Territory”.
The Court is of the opinion that the State of Israel, as the occupying power, must fulfil its obligations under international humanitarian law. These obligations include:
– ensuring that the population of the Occupied Palestinian Territory has access to the essentials of daily life, including water, food, clothing, sleeping materials, shelter and fuel, as well as medical items and services;
– accepting and facilitating to the fullest extent possible relief actions for the population of the Occupied Palestinian Territory as long as they are inadequately supplied, as has been observed in the Gaza Strip, including relief actions by the United Nations and its entities, in particular the United Nations Relief and Works Agency for Palestine Refugees in the Near East, and by international organizations and third States, and not to prevent such actions;
– respecting and protecting all emergency and medical personnel, as well as their premises;
– respecting the prohibition of forcible transfer and deportation to the Occupied Palestinian Territory;
– respecting the right of protected persons in the Occupied Palestinian Territory who are detained by the State of Israel to receive visits from the International Committee of the Red Cross;
– respecting the prohibition of the use of starvation as a method of warfare against civilians. Furthermore, the Court is of the opinion that, as the occupying power, the State of Israel has an obligation under international human rights law to respect, protect and fulfil the human rights of the population of the Occupied Palestinian Territory, including through the presence and activities of the United Nations, other international organizations and third States in and in connection with the Occupied Palestinian Territory;
It is of the view that the State of Israel has an obligation to cooperate in good faith with the United Nations by giving it full assistance in any action undertaken by it in accordance with United Nations’ Charter, including through the United Nations Relief and Works Agency for Palestine Refugees in the Near East, in and in connection with the Occupied Palestinian Territory;
It is of the view that the State of Israel has an obligation under Article 105 of the United Nations Charter to ensure full respect for the privileges and immunities accorded to the United Nations, including its structures and organs, and its officials, in and in connection with the Occupied Palestinian Territory;
It is of the view that the State of Israel has an obligation under article II of the Convention on the Privileges and Immunities of the United Nations to ensure full respect for the inviolability of the premises of the United Nations, including those of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, and the exemption of the property and assets of the United Nations from all forms of coercion.
Finally, it is of the view that the State of Israel has an obligation, under articles V, VI and VII of the Convention on the Privileges and Immunities of the United Nations, to ensure full respect for the privileges and immunities accorded to United Nations officials and experts on mission for the United Nations, in and in connection with the Occupied Palestinian Territory.
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