This was a verdict that came slowly, and with some of its barbs hidden in sub-clauses and legalese. But if you put the elements together, it was a highly critical attack on Israel’s conduct in the occupied territories. Not just in Gaza, but also in the West Bank and East Jerusalem.
The International Court of Justice’s ruling says Israel must facilitate – not simply allow – humanitarian aid to be delivered to the Gaza Strip by the United Nations and its entities.
The ban on many of UNRWA’s operations was deemed unlawful, and there was a constant drumbeat of Israel’s obligations as an “occupying power”.
There was a call to allow the Red Cross access to Palestinian prisoners being held by Israeli authorities, and various demands – or perhaps reminders – of Israel’s obligations towards those caught within the orbit of an armed conflict.
Israel has already said it “completely rejects” the findings, which have come in the form of an advisory ruling, claiming that the entire process was politically driven and based on false information.
Israel insists that its decision to restrict UNRWA was driven by links between the agency and Hamas, which it says has “infested” UNRWA’s staff.
What did the ICJ ruling say about Israel’s UNRWA claim?
In its ruling, the court said that evidence had not been presented to show that UNRWA’s neutrality had been compromised, nor that it could substantiate Israel’s claim that around 10% of UNRWA’s staff were active members of Hamas.
Contacts within UNRWA have told me they hope it will focus minds, and lead a drive for “longer-term accountability… to stop the normalisation of actions against UN organisations around the world”.
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The question is whether this ruling, critical as it is, will have any real-world impact.
Israel, clearly, will not change its laws in reaction to this. It has long labelled the UN as biased against Israel, and, as long as it has the support of the White House, Israeli Prime Minister Benjamin Netanyahu will feel he doesn’t have to worry about this ruling.
Having shrugged off previous declarations that his country is responsible for both genocide and famine, Netanyahu will not break sweat over today’s ruling.
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But what this pronouncement from the court will do is, once again, train international focus on Israel’s actions.
It might lead to some of Netanyahu’s opponents to ask for restraint. But, perhaps more likely, it might actually embolden more extreme political rivals to cast Israel as a victim of politically-inspired mob justice. And rather than leading to a calming of the rhetoric, it might heat it up.
