In October 2025, the International Court of Justice issued an advisory opinion addressing the legal framework governing international organizations operating in and in relation to the Occupied Palestinian Territory. The Court found that an occupying Power must respect UN privileges and immunities even in occupied territory, limiting unilateral measures affecting UN entities, personnel, premises, and assets. At the same time, the Judges sharply diverged on the scope of Article 2(5) of the Charter, specifically whether Member States must provide “every assistance” to the United Nations even when they contest its legality or mandate.

In this online discussion, Professor Mohamed Helal—the Arab League's counsel in the proceedings—will discuss how these two strands of the opinion interact, what they require of the occupying Power, and how they affect operational space for the United Nations. He will examine the practical implications for access, security, and institutional independence, as well as the broader consequences for the UN’s ability to carry out its mandates in complex conflict environments.

Panelists:

• Valerie Oosterveld, University of Western Ontario Faculty of Law/Christina L. Beharry, Foley Hoag LLP (moderators and opening remarks)
• Cecilia M. Bailliet, United Nations Independent Expert on human rights and international solidarity, and Institute of Public & International Law, University of Oslo
• Lisa Davis, Professor of Law, CUNY School of Law; Co-Director, Human Rights and Gender Justice Clinic
• Susana SáCouto, Director, War Crimes Research Office, Washington College of Law, American University
• Payal Shah, Director of Research, Legal, and Advocacy, Physicians for Human Rights

Organized as part of ASIL’s Signature Topic on Advancing Gender Justice.