GENEVA
The US on Wednesday told the International Court of Justice (ICJ) that Israel is “not legally obligated” to allow specific humanitarian actors, including the UN agency for Palestine (UNRWA), to operate in Gaza.
Representing Washington, State Department lawyer Joshua Simmons claimed that “international law does not impose any unqualified obligations on an occupying power” to accept relief from all entities.
While acknowledging the importance of humanitarian aid, he stressed that an occupying power retains “a margin of appreciation” in deciding which organizations may operate, particularly when national security is at stake.
“There are serious concerns about the UNRWA’s impartiality,” Simmons told the court in an effort to justify Israel’s decision to curtail cooperation with the agency.
On broader legal questions, he cautioned against expanding the powers of the UN General Assembly.
“The General Assembly may make recommendations, it may not order coercive action,” he said, underlining that only the Security Council holds binding authority under the UN Charter.
Simmons urged the court not to create new, exceptional legal obligations tailored specifically to Israel, warning that this would undermine international law.
“Identification of such novel obligations would be inconsistent with international law,” he claimed, adding that this “will not bring the hostages home” or resolve the conflict.
“To be clear, the United States supports the flow of humanitarian aid into Gaza with the safeguards to ensure it is not looted or misused by terrorist groups,” he said. “We encourage the international community to focus on advancing a ceasefire and on fresh thinking for a better future for Israelis and Palestinians alike.”
Hungary, also siding with Israel, called on the ICJ to decline issuing an advisory opinion altogether in its oral statement.
Hungarian representative Gergo Kocsis claimed the proceedings are politically motivated and risk undermining the court’s credibility.
He argued that the request for Israel to allow UN agencies to operate in Gaza is “blatantly prejudicial and one-sided,” accusing it of ignoring Israel’s security concerns and framing Israel as already in breach of international law.
Kocsis also claimed that issuing an opinion could prejudge elements of a separate case brought by South Africa against Israel, violating the court’s judicial integrity.
Since March 2, Israel has closed Gaza’s crossings, blocking essential supplies from entering the enclave despite multiple reports of famine in the war-devastated territory.
The Israeli army renewed its assault on Gaza on March 18, shattering a Jan. 19 ceasefire and prisoner exchange agreement with Palestinian resistance group Hamas.
Nearly 52,400 Palestinians have been killed in Gaza in a brutal Israeli onslaught since October 2023, most of them women and children.
