Unrwa ban: US tells ICJ it's lawful for Israel to curtail work of UN agencies

A US official addressing the International Court of Justice (ICJ) on Wednesday defended Israel's hostile conduct towards United Nations agencies in Gaza as potentially lawful, as Israel's devastating ban on humanitarian aid to the enclave nears two months. 

On the third day of hearings by the World Court in The Hague examining Israel's legal humanitarian obligations in occupied Palestine, the US rejected the opinion held by the majority of states that Israel has breached international law in its attacks on UN and international organisations during its war on Gaza since October 2023. 

The current ICJ proceedings were prompted by Israel banning the UN agency for Palestinian refugees (Unrwa) in October.

The ban sparked global outrage and calls for Israel to be ejected from the UN due to accusations that it violated the founding charter, particularly the privileges and immunities enjoyed by UN agencies. 

Opposing the arguments delivered by the UN’s top legal official on Monday and by 12 states that have also spoken to the court this week, the US official said that international law “does not impose any unqualified obligations on an occupying power” with respect to humanitarian assistance provided by the UN, international organisations and third states.

“In the law of occupation, military and humanitarian interests converge,” said Joshua Simmons, the senior bureau official from the office of the legal adviser at the US Department of State.

Simmons referred to Article 59 of the Fourth Geneva Convention of 1949, which concerns the humanitarian obligations of an occupying power, saying the provision does not impose an absolute duty to permit relief to the population under its control. 

"Article 59 does not remove an occupying Power’s authority to ensure public order and safety in the territory," he told the court. "In other words, an occupying Power retains a margin of appreciation concerning which relief schemes to permit5 ."

 

Palestinian ambassador to the Netherlands Ammar Hijazi condemned comments by the US and Hungary defending Israel on the third day of hearings on Israel’s humanitarian duties in Palestinian territories at the International Court of Justice (ICJ) in The Hague. pic.twitter.com/xOG1wSsROV

— Middle East Eye (@MiddleEastEye) May 1, 2025

 

"Thus, even if an organisation offering relief is an impartial humanitarian organisation, and even if it is a major actor, occupation law does not require an occupying Power to allow and facilitate that specific actor’s relief operations," he said.

"An occupying Power may also fulfil its humanitarian obligations toward the civilian population while advancing its own military and security interests."

When it comes to third states, Article 59 states that relief schemes “may be undertaken either by states or by impartial humanitarian organisations such as the International Committee of the Red Cross”. 

'Serious concerns'

Reflecting Israel’s view, Simmons questioned the impartiality of Unrwa as a relief provider.

“There are serious concerns about Unrwa’s impartiality, including information that Hamas has used Unrwa’s facilities, and that Unrwa’s staff participated in the 7 October terrorist attack against Israel,” he said.  

“Occupation law preserves an occupying power's discretion to address its security interests, including the ability to curtail the activities of third states or organisations that are contrary to its security,” he said. 

'It is clear that Israel has no obligation to permit Unrwa specifically to provide humanitarian assistance'

- Joshua Simmons, US official

“Given these concerns, it is clear that Israel has no obligation to permit Unrwa specifically to provide humanitarian assistance,” Simmons added.

Israel's government has long been hostile towards Unrwa, partially because it upholds the refugee status of Palestinians who were expelled from their homes in the 1948 Nakba, alongside that of their descendants. 

In January 2024, Israel accused 12 Unrwa workers of involvement in the 7 October 2023 Hamas-led attacks, alleging they had distributed ammunition and aided in civilian kidnappings.

A UN inquiry published in April last year found no evidence of wrongdoing by Unrwa staff, noting that Israel had neither responded to requests for names and information nor "informed Unrwa of any concrete concerns relating to Unrwa staff since 2011".

The US Department of Justice last week decided that Unrwa was not immune from legal action in the United States.

Unrwa is the primary source of humanitarian support for an estimated 5.9 million Palestinian refugees in occupied Palestine and neighbouring countries.

This includes the provision of basic services such as education, food, medical care, and the distribution of fuel. Its closure may lead to the collapse of the primary lifeline for many Palestinians.

According to the organisation's latest situation report, since October 2023, Israel has killed at least 290 Unrwa staff members and carried out at least 830 attacks on the agency's premises and people sheltering in them. 

US intervention 'narrow in scope'

Later in the afternoon, Hungary's representative repeated US arguments against Unrwa, defending Israel's conduct against the agency as justified under international law. 

Hungary suggested that the court's work on Israel-Palestine is politically motivated.

"It is our conviction that politicisation of the Court and in fact utilisation of the Court creates new dividing lines and continues to fuel tensions," said Hungary's representative, Ambassador Gergo Kocsis.

 

“We are very concerned about the colonialism and genocidal actions of Israel in the territory.”

Bolivian ambassador to the Netherlands, Roberto Calzadilla Sarmiento, says that the ICJ must reaffirm the obligations of Israel as an occupying power in Palestine pic.twitter.com/d0elzOxQOA

— Middle East Eye (@MiddleEastEye) April 30, 2025

 

The US and Hungary are the only two nations that have so far defended Israel during the proceedings. 

Reacting to the US and Hungary's statement, Palestinian ambassador to the Netherlands and international organisations Ammar Hijazi said "both are inconsistent with international law and its demands".

"The US intervention is very narrow in its scope, when it highlights the rights of an occupying power but ignores the so many layers of duties of that occupying power that Israel is in violation of," he told Middle East Eye.

Hijazi said the US was using "a narrow interpretation of the law and the duties of a UN state" and that "when it comes to the US supporting international aid into Gaza, there is some sort of a contradiction".

The ambassador hoped Washington would force Israel to allow humanitarian aid into Gaza.

"Everybody knows that Israel is using humanitarian aid as a weapon of war and is starving the population in Gaza because of that," he said.

"The Hungarian intervention is basically Israeli talking points that are not worth comment."

Russia and Indonesia support Unrwa

Following Simmons, Russia’s delegate argued that Israel’s measures against Unrwa, including the laws banning it, violate international humanitarian law and the UN charter. 

“Implementation of the laws will undoubtedly worsen the situation and significantly hinder the Palestinian people’s right to self determination,” Maksim Musikhin, director of the legal department at the Russian foreign ministry, told the court.

He showed support for calls to nominate Unrwa for a Nobel Peace Prize for its humanitarian efforts. Such an award would be "timely and well deserved", he said.

Speaking to MEE following the proceedings, Musikhin said Russia rejects the US's and Hungary's arguments that the attacks on Unrwa are justifiable under international law.

"We support Unrwa. We believe that Unrwa should be respected. International law should be respected by Israel, especially with regards to Unrwa. If there's any problem with security, they should consult Unrwa, talk to the UN, not close it," he said. 

Indonesia's Foreign Minister Sugiono expressed support for Unrwa and "The Palestinian people's right to self-determination."

He accused Israel of breaching its obligations under the UN Charter to respect the privileges and immunities of UN agencies. 

"Israel's conduct contradicts Israel’s obligations to respect the presence of the UN," he told the court.

Meanwhile, France called for unimpeded access to humanitarian aid in Gaza.

"Our position will remain firm and unwavering. Humanitarian aid must reach Gaza at scale," said the French representative during his oral intervention.

"Restrictions to this access must be lifted without delay. All the crossing points must be opened and the work of humanitarian organisations must be facilitated and their personnel protected, in compliance with international law."

In the afternoon session, Turkey urged the court to issue an advisory opinion clarifying Israel's obligations towards Unrwa, and denouncing as unlawful the continued siege on Gaza and attacks targeting humanitarian activities. 

"The people in Gaza are again under a blockade, this time with zero entry of humanitarian aid. Collective punishment is enforced in the name of forcing Hamas to return the hostages," Turkish deputy foreign minister Nuh Yilmaz said.

"Israel uses hunger as a weapon. Israel sweeps hundreds of thousands of displaced people from one place to another within minutes of evacuation orders. Israel targets houses, hospitals, schools, shelters, camps, safe zones and all remaining civilian infrastructure," he told the court. 

Yilmaz told MEE later on Wednesday that his government is "doing its best" to pressure an end to Israel’s ban on Gaza aid enforced since 2 March. 

"We are talking to almost all related parties to be able to send aid to Gaza," he said in an interview following the proceedings.

"We side with Palestine. We are against the genocide. We want the genocide to stop as soon as possible."  

The verbatim record of Wednesday's hearings has been published on the court's website here and here.