General Assembly Adopts Resolution on International Court
By a decisive vote of 139 in favor, 12 against, and 19 abstentions, the United Nations General Assembly has adopted a resolution that endorses the advisory opinion of the International Court of Justice (ICJ) regarding Israel’s obligations in the Occupied Palestinian Territory. This opinion, issued on October 22, 2023, responds to a request from the Assembly made in December 2024. The resolution emphasizes Israel’s legal responsibilities under international law, particularly in relation to humanitarian assistance for the Palestinian civilian population.
Resolution Details and Humanitarian Obligations
The resolution, titled “Advisory opinion of the International Court of Justice on the Obligations of Israel in relation to the presence and activities of the United Nations, other international organizations and third States in and in relation to the Occupied Palestinian Territory,” calls for Israel to adhere to its obligations as an occupying power. This includes the duty to administer the territory for the benefit of the local population and to cooperate in good faith with the United Nations. Furthermore, the resolution demands that Israel facilitate the provision of essential humanitarian aid to Palestinians, particularly through the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) and other international organizations.
Norway’s representative, who introduced the resolution on behalf of a cross-regional group of states, highlighted the urgency of the Court’s clarifications in light of recent events, including unauthorized Israeli actions at the UN Sheikh Jarrah compound in East Jerusalem. She underscored the historical role of UNRWA in providing relief to Palestinian refugees since 1948 and stressed that the UN must not tolerate any obstacles that hinder humanitarian access. The resolution aims to uphold fundamental humanitarian norms rather than target any specific state or entity.
Opposition from Israel and the United States
In contrast, Israel’s delegate criticized the resolution as “one-sided” and “deeply flawed,” arguing that it misuses the ICJ’s authority and undermines Israel’s security concerns. He pointed out that the resolution fails to adequately address the context of violence, including the October 7, 2023, attack on Israel, which he described as the worst assault on Jews since World War II. The delegate expressed concerns over the involvement of UNRWA personnel in terrorist activities and stated that Israel could no longer collaborate with an organization he deemed compromised.
The United States echoed these sentiments, labeling UNRWA as a “subsidiary of Hamas” and asserting that the Assembly’s resolution infringes on national sovereignty. The U.S. representative emphasized that advisory opinions from the ICJ are not binding and characterized the Court’s ruling as lacking judicial restraint. He declared that UNRWA would not play a role in Gaza moving forward and criticized the timing of the resolution amidst ongoing conflict.
Support for the Resolution from Other Nations
Despite the opposition from Israel and the U.S., several nations expressed their support for the resolution. Cuba’s representative condemned the United States for its complicity in what she termed a genocide campaign in Gaza, urging Israel to comply with international law and cease manipulating humanitarian aid. Syria, speaking on behalf of Arab states hosting Palestinian refugees, condemned Israeli actions against UNRWA and rejected proposals to transfer the agency’s responsibilities to host states, asserting that UNRWA is a humanitarian entity.
Canada and Singapore also voiced their support for the resolution, with Canada highlighting its substantial aid contributions to Gaza since October 2023. Germany acknowledged the complexity of its decision to support the resolution, emphasizing the need for urgent reforms within UNRWA. The Russian Federation called for a pragmatic approach to advisory opinions, noting that they do not create binding international legal obligations.
Additional Resolutions and Developments
In addition to the resolution on Israel and Palestine, the General Assembly adopted a draft resolution proclaiming 2027 as the “International Year of Legal Literacy.” This initiative aims to enhance access to justice and governance, particularly for vulnerable populations. The representative of Tajikistan emphasized the importance of legal literacy in empowering individuals to claim their rights.
The Assembly also approved the credentials of representatives for its eightieth session and elected Croatia and El Salvador to the Organizational Committee of the Peacebuilding Commission for a two-year term starting January 1, 2026. These developments reflect ongoing efforts within the UN to address humanitarian issues and promote international cooperation.
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