ICJ Findings Underscore That There Is No Legal Ambiguity Regarding Israel’s Obligations

South Africa welcomes the Advisory Opinion issued by the International Court of Justice (ICJ) on 22 October 2025 on Israel’s obligations as a United Nations Member State and as an occupying Power, with respect to the Occupied Palestinian Territory. The Court’s Advisory Opinion authoritatively interpreted and reaffirmed Israel’s already existing obligations under binding international law.

The ICJ’s findings underscore that there is no legal ambiguity regarding Israel’s obligations to facilitate and respect the mandates of independent and impartial international and humanitarian organisations operating in the Occupied Palestinian Territory, including Israel’s binding obligations under international law to respect and protect the privileges and immunities of United Nations and entities, including their premises and personnel.

South Africa notes in particular that the Court recalled Israel’s obligation not to use starvation of the Palestinian civilian population as a method of warfare. The Court further states Israel’s responsibility as an occupying Power to ensure that the population of the Occupied Palestinian Territory has the essential supplies of daily life, including food, water, clothing, bedding, shelter, fuel, medical supplies and services.

The Court referred to the United Nation’s indispensable role, including the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), other humanitarian actors and third States, in providing humanitarian relief in Gaza. The Court observed that Israel had not substantiated its allegations concerning UNRWA’s impartiality and referred to the immediate actions undertaken by the United Nations to address Israel’s concerns. Israel was therefore not permitted to take unilateral action against UNRWA, in violation of its UN Charter obligations to cooperate in good faith with the UN and to render it every assistance.

Consequently, any arbitrary restrictions or curtailment by Israel that impedes such relief operations are inconsistent with its obligations under international humanitarian law. As an occupying Power, Israel is prohibited from extending its domestic laws, such as the one banning UNRWA, to the Occupied Palestinian Territory.

This accords with South Africa’s submissions to the Court that Israel may not deny the Palestinian people’s inalienable right to territorial integrity and sovereignty over the entirety of the Occupied Palestinian Territory, including the West Bank and East Jerusalem.

Importantly, the Court recalled the prohibition on the forcible transfer and deportation of Palestinians in the Occupied Palestinian Territory, and the right of Palestinian detainees as protected persons under international humanitarian law to be visited by the International Committee of the Red Cross.

Further, the Court underscored that Israel must respect, protect and fulfil the human rights of the population of the Occupied Palestinian Territory – an obligation which persists even in cases of armed conflict.

Overall, the Court anchored its findings in the Palestinian people’s right to self-determination, affirming that humanitarian and UN operations are essential to upholding this right.

South Africa reiterates that it remains imperative that all parties to the conflict must uphold their commitments under international law, including international humanitarian law and international human rights law, without exception and at all times.

As confirmed by the Court, South Africa maintains that the cornerstone of lasting regional peace and stability lies in the full realisation of the Palestinian people’s right to self-determination, through a just and inclusive process.

Per Kind Favour of APO

Africa Fact: West Africa had walled towns and cities in the pre-colonial period. Winwood Reade, an English historian visited West Africa in
the nineteenth century and commented that: “There are . . . thousands of large walled cities resembling those of Europe in the Middle Ages, or of ancient Greece.”