ICJ Delivers Advisory Opinion on Israel’s Obligations in OPT [1]
On October 22, 2025, the International Court of Justice (ICJ) delivered [3] an advisory opinion, following a request [4] from the United Nations General Assembly concerning Israel’s obligations with respect to the activities of the United Nations, other international organizations, and third States in the Occupied Palestinian Territory, particularly the Gaza Strip.
The Court unanimously found that it has jurisdiction under Article 96 of the UN Charter and Article 65 of the Statute of the Court. It rejected arguments that the opinion would prejudge the South Africa v. Israel case. The Court distinguished the two proceedings and emphasized that questions concerning alleged violations of the Genocide Convention are distinct from the identification of Israel’s obligations as an occupying power and as a UN member state, as requested by the General Assembly.
The Court stated that Israel remains an occupying power in Gaza due to its effective control, as per the Hague Regulations, Geneva Conventions, and Additional Protocol I. It concluded that Israel must fulfill its obligations under international humanitarian law, including ensuring that civilian population has access to essential supplies such as food, water, shelter, fuel, and medical care; facilitating and not impeding relief operations conducted by the UN, UNRWA, other international organizations, and third states; respecting and protecting all relief and medical personnel and facilities; respecting the prohibition on forcible transfer and deportation; allowing the International Committee of the Red Cross to visit detained protected persons; and respecting the prohibition on the use of starvation of civilians as a method of warfare.
The Court further found that Israel has obligations under international human rights law to respect, protect, and fulfil the rights of Palestinian people, including through the activities of the UN and other international actors in and concerning the Occupied Palestinian Territory. The Court also held that Israel must cooperate in good faith with the United Nations, providing every assistance to its actions in accordance with the UN Charter, including those of UNRWA. Lastly, the Court concluded that Israel must respect the privileges and immunities accorded to the United Nations under Article 105 of the UN Charter and the 1946 Convention on the Privileges and Immunities of the United Nations, including the inviolability of UN premises and assets and the immunities of UN officials and experts on mission.
The Court’s advisory opinions are not legally binding, but constitute authoritative interpretations of international law. They are intended to guide the requesting organ—in this case, the General Assembly—and to clarify the applicable legal obligations.
