The European Lawyers for Democracy and Human Rights (ELDH) welcomes the Advisory Opinion issued by the International Court of Justice (ICJ) on 22 October 2025, which clarifies Israel’s obligations as a Member State of the United Nations and as an occupying Power in the Occupied Palestinian Territory (OPT).
The Court’s findings reaffirm and interpret Israel’s existing binding obligations under international humanitarian law and international human rights law, leaving no ambiguity regarding its duty to respect and facilitate the mandates of independent and impartial international and humanitarian organisations operating in the OPT.
ELDH notes in particular the Court’s determination that Israel must not use starvation of the Palestinian civilian population as a method of warfare, and that as an occupying Power it bears the responsibility to ensure the population’s access to essential supplies of daily life — including food, water, shelter, fuel, and medical care.
The ICJ further emphasised the indispensable role of the United Nations and its agencies, particularly the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), as well as other humanitarian actors and third States, in providing relief to the civilian population. The Court made clear that Israel’s unilateral restrictions or actions against UNRWA are inconsistent with its obligations under the UN Charter and international law, and that Israel must cooperate in good faith with the United Nations.
Moreover, the Court reaffirmed the prohibition on the forcible transfer and deportation of Palestinians, and recognised the rights of Palestinian detainees as protected persons under the Geneva Conventions, including the right to visits by the International Committee of the Red Cross.
Importantly, the ICJ grounded its Opinion in the right of the Palestinian people to self-determination, a cornerstone of modern international law, and underscored that humanitarian and UN operations are vital to the realisation of this right.
ELDH reiterates that all States, including third parties, bear obligations under international law to ensure respect for international humanitarian law, to refrain from aiding or assisting in serious violations, and to cooperate to bring such violations to an end.
ELDH therefore calls on the European Union and its Member States to:
- Publicly acknowledge and implement the ICJ’s findings;
- Refrain from any measures that may contribute to the maintenance of the unlawful situation;
- Support and protect the work of UNRWA and other humanitarian organisations;
- Uphold the right of the Palestinian people to self-determination through lawful, peaceful, and just means.
The Advisory Opinion is a powerful reaffirmation of international law and the principles of justice and accountability. It is now the responsibility of States to give full effect to the Court’s conclusions and to ensure that the Palestinian people can live in dignity, freedom, and self-determination.