Slovenia, before the International Court of Justice (ICJ) in The Hague, pointed to Israel’s obligations to enable essential humanitarian aid to the Palestinian people, referring to international humanitarian law, human rights, and Israel’s membership in the United Nations (UN).
The main points in the statement relate to the obligations Israel has to ensure and allow the unhindered provision of urgently needed supplies, basic services, and humanitarian and development aid, which are also directly connected to the Palestinian people’s right to self-determination and respect for human rights and international humanitarian law.
“The terrorist attack by Hamas on October 7th, 2023, although an utterly criminal act, does not give Israel the right to stop the delivery of humanitarian aid to the Palestinian population. Israel does not have sovereign rights over the occupied Palestinian territory,” said Marko Rakovec, Director–General for International Law and Protection of Interests at the Ministry of Foreign and European Affairs of Slovenia.
Rakovec added that “Israel must ensure and facilitate the unhindered provision of urgently needed supplies, services, and humanitarian and development aid to the population in the occupied Palestinian territory by third parties. This includes in particular the activities of the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), which remains the backbone of humanitarian and development aid in the occupied Palestinian territory, as it is the only one capable of coordinating the delivery of humanitarian aid.”
The expert in international law representing Slovenia’s position in the proceedings, Daniel Muller, reminded that “Israel as a member state of the UN, in accordance with the obligations it accepted without reservation, is obliged to assist the UN, especially UNRWA, its operational branch in the field, in the full execution of its mandate.”
The representative of Tunisia considers that the conditions for invoking Article 6 of the UN Charter, which allows for the expulsion of a member state due to persistent violations, are now fulfilled.
“Although we are aware that the recommendation to invoke Article 6 of the UN Charter falls under the authority of the Security Council, we consider that the conditions for its implementation are met,” said Hanin Ben Jrad, Tunisia’s representative, regarding Israel’s continuous violations in Gaza and other regions.
Jrad stated that several statements by Israeli officials show an intent to use humanitarian aid to achieve political and military goals, effectively holding the population of Gaza hostage, while the aid is used as a ‘weapon of war.’
“Some of these statements undoubtedly indicate genocidal intent,” she added.
Since March 2nd, Israel has closed the crossings into Gaza, preventing the entry of basic necessities into the enclave, despite numerous reports of famine.
The Israeli military renewed its offensive on Gaza on March 18th, violating the previous ceasefire agreement and prisoner exchange deal with the Palestinian movement Hamas.
Since October 2023, more than 52.000 Palestinians have been killed in the Israeli offensive, mostly women and children.
