Request for an 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

Condemnatory

Yes

Analysis

• This one-sided resolution endorses UNRWA for its "vital role" in providing humanitarian assistance to the Palestinians, blames only Israel for the poor humanitarian situation in Gaza, and holds Israel accountable for harm to UN personnel and facilities.
• The resolution omits any criticism of UNRWA despite the UN's admission that the agency's employees participated in the October 7th atrocities, the Israeli government's assertion that 10% of senior UNRWA educators in Gaza are members of Hamas, and Hamas's admission that its leader in Lebanon, Fathi al-Sharif, was also the head of the UNRWA teachers' union in Lebanon.
• The resolution does not mention Hamas or criticize it for stealing humanitarian aid, attacking Palestinians seeking to access aid, or endangering UNRWA personnel and facilities by using them as human shields. Likewise, it omits any discussion of the massive amounts of humanitarian aid facilitated by Israel into Gaza, more than enough to satisfy the needs of the population.
• The main purpose of this resolution is to criticize Israel for passing legislation effectively banning UNRWA and to request an advisory opinion from the International Court of Justice that this legislation violates Israel's obligations under the UN Charter and international law.
• Notably, the resolution is sponsored by Norway whose MFA is headed by Leni Stenseth, former Deputy Commissioner-General of UNRWA. When at UNRWA, Stenseth famously pledged allegiance to Hamas Gaza-chief Yahya Sinwar when she apologized for her UNRWA colleague, Mathias Schmale, after he told Israeli TV that Israel's missile strikes in Gaza in May 2021 were "very precise," angering Hamas. Stenseth told Sinwar that Schmale's remarks were "indefensible."

Main Sponsors

Norway

Vote

Yes - 137, No - 12, Abstain - 22, Absent - 22

See Full Vote

Key Praise

None

Key Criticism

• "Recalling also the advisory opinion of the International Court of Justice of 19 July 2024 on the legal consequences arising from Israel’s policies and practices in the Occupied Palestinian Territory, including East Jerusalem, and from the illegality of Israel’s continued presence in the Occupied Palestinian Territory."
• "Expressing grave concern about plans and measures, including legislation adopted, by Israel to interfere with or obstruct the presence and operations of the United Nations and United Nations entities and organizations, including the United Nations Relief and Works Agency for Palestine Refugees in the Near East…"
• "Expressing deep concern at measures taken by Israel that impede assistance to the Palestinian people, including through measures that affect the presence, activities and immunities of the United Nations, its agencies and bodies, and those of other international organizations…"
• "Demands that Israel comply without delay with all of its legal obligations under international law, including as set out by the International Court of Justice."
• "Calls upon Israel to uphold and comply with its obligations not to impede the Palestinian people from exercising its right to self-determination, including by rescinding any measures that obstruct the provision of basic services and humanitarian and development assistance to the Palestinian people."
• "Also calls upon Israel to abide by the Charter of the United Nations and the Convention on the Privileges and Immunities of the United Nations in order to ensure the safety of the personnel of the United Nations, the protection of its institutions and the safeguarding of the security of its facilities in the Occupied Palestinian Territory, including East Jerusalem."
• "Decides, in accordance with Article 96 of the Charter of the United Nations, to request the International Court of Justice, pursuant to Article 65 of the Statute of the Court, on a priority basis and with the utmost urgency, to render an advisory opinion on the following question… What are the obligations of Israel, as an occupying Power and as a member of the United Nations, in relation to the presence and activities of the United Nations, including its agencies and bodies, other international organizations and third States, in and in relation to the Occupied Palestinian Territory, including to ensure and facilitate the unhindered provision of urgently needed supplies essential to the survival of the Palestinian civilian population as well as of basic services and humanitarian and development assistance, for the benefit of the Palestinian civilian population, and in support of the Palestinian people’s right to self-determination?"