Israel has decided to boycott a critical hearing at the International Court of Justice (ICJ) concerning its obligations toward the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). Tensions between Israelis and Palestinians have reached a boiling point in the wake of the attacks on October 7. In a retaliatory move, Israeli Prime Minister Benjamin Netanyahu is intensifying efforts to destroy the agency, asserting that it exacerbates the Palestinian “refugee issue.”
In the past, Netanyahu’s government has condemned UNRWA for years, claiming that it operates as a conduit for terrorism instead of humanitarian assistance. Amir Weissbord, an official from Israel’s foreign ministry, claimed that a staggering 1,462 UNRWA workers in Gaza are confirmed terrorists. As of this writing, Israel has produced no evidence to back up this claim. Weissbord’s comment suggests immense doubts about the veracity underlying these claims. It indicates that the number could increase exponentially should Israel, for their part, criminalize all of UNRWA’s female staff.
Israel is now engaged in an active campaign against UNRWA. They have invaded six schools in East Jerusalem and summarily ordered them to cease operations within the next 30 days. This unilateral and aggressive action fits into a larger coordinated and malicious legislative attack. Most recently, Israel’s parliament voted unanimously to pass an exclusionary law banning UNRWA from working inside its borders and nullifying the agency’s initial 1967 treaty that permits it to do so.
Israeli Foreign Minister Gideon Sa’ar condemned the ICJ hearing as “another shameful proceeding” trying to delegitimize Israel. He characterized UNRWA as “an organization that is infested with Hamas terrorists,” further heightening the rhetoric surrounding the agency. UN’s legal counsel just highlighted a particularly important duty. They pointed out that Israel, as an occupying power, has a legal obligation to facilitate the delivery of humanitarian aid to Gazans by virtue of UNRWA.
“In the specific context of the current situation in the occupied Palestinian Territories, these obligations entail allowing all relevant UN entities to carry out activities for the benefit of the local population.” – Elinor Hammarskjöld
Indeed, Israel’s responsibilities toward UNRWA and its role in the humanitarian aid pipeline were the sole focus of the ICJ hearing’s discussion on humanitarian aid. Ammar Hijazi, the Palestinian representative, expressed confidence in the court’s authority over the matter, stating, “there can be no doubt about the court’s jurisdiction in these proceedings.”
At the same time, Philippe Lazzarini, head of UNRWA, reaffirmed the agency’s commitment to continue providing Palestinian refugees with primary health care, education and other essential services. He emphasized on social media that “UNRWA is committed to stay & deliver education and other basic services to Palestine Refugees in the West Bank, including East Jerusalem, in accordance with the General Assembly resolution mandated to the Agency.”
Even though Israel withdrew from the hearing, it sent a written position that laid out its case against UNRWA. Even more troubling, critics contend that such actions go against Israel’s obligations under international law. They think Israel should be working hard to allow humanitarian assistance into Gaza.
UNRWA has responded to allegations of infiltration by stating that there is “absolutely no ground for a blanket description of ‘the institution as a whole’ being ‘totally infiltrated.’” This candid remark belies the agency’s continuing plight to uphold its epistemic authority and functional capability within a toxic political climate.
As tensions escalate and humanitarian needs grow in Gaza, observers worry that Israel’s actions against UNRWA could further exacerbate the already dire conditions faced by Palestinian refugees. The agency’s work is more important than ever to continue delivering essential services, even as conflict and instability continue.