Obligations of Israel in relation to the Presence and Activities of the United Nations, Other International Organizations and Third States in and in relation to the Occupied Palestinian Territory

INTERNATIONAL COURT OF JUSTICE
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Press Release
Unofficial
No. 2025/48
22 October 2025
Obligations of Israel in relation to the Presence and Activities of the United Nations,
Other International Organizations and Third States in and in relation to
the Occupied Palestinian Territory
The Court gives its Advisory Opinion and responds to the question
posed by the General Assembly
THE HAGUE, 22 October 2025. The International Court of Justice has today given its
Advisory Opinion on the Obligations of Israel in relation to the Presence and Activities of the United
Nations, Other International Organizations and Third States in and in relation to the Occupied
Palestinian Territory.
It is recalled that the General Assembly of the United Nations adopted resolution 79/232 in
which, referring to Article 65 of the Statute of the Court, it requested the International Court of
Justice to give an advisory opinion on the following question:
“What are the obligations of Israel, as an occupying Power and as a member of
the United Nations, in relation to the presence and activities of the United Nations,
including its agencies and bodies, other international organizations and third States, in
and in relation to the Occupied Palestinian Territory, including to ensure and facilitate
the unhindered provision of urgently needed supplies essential to the survival of the
Palestinian civilian population as well as of basic services and humanitarian and
development assistance, for the benefit of the Palestinian civilian population, and in
support of the Palestinian people’s right to self-determination?”
The request for an advisory opinion was transmitted to the Court by the Secretary-General of
the United Nations by a letter dated 20 December 2024. During the written phase of the proceedings,
45 written statements were filed in the Registry by States and international organizations. The Court
held public hearings in the proceedings from 28 April 2025 to 2 May 2025, during which 39 States,
the United Nations and three other international organizations presented oral statements.
In its Advisory Opinion, the Court:
“(1) Unanimously,
Finds that it has jurisdiction to give the advisory opinion requested;
(2) Unanimously,
– 2 –
Decides to comply with the request for an advisory opinion;
(3) Is of the opinion that the State of Israel, as an occupying Power, is required to
fulfil its obligations under international humanitarian law. These obligations include the
following:
(a) Unanimously,
to ensure that the population of the Occupied Palestinian Territory has the essential
supplies of daily life, including food, water, clothing, bedding, shelter, fuel, medical
supplies and services;
(b) By ten votes to one,
to agree to and facilitate by all means at its disposal relief schemes on behalf of the
population of the Occupied Palestinian Territory so long as that population is
inadequately supplied, as has been the case in the Gaza Strip, including relief
provided by the United Nations and its entities, in particular the United Nations
Relief and Works Agency for Palestine Refugees in the Near East, other
international organizations and third States, and not to impede such relief;
IN FAVOUR: President Iwasawa; Judges Tomka, Abraham, Xue, Nolte,
Charlesworth, Brant, Gómez Robledo, Cleveland, Tladi;
AGAINST: Vice-President Sebutinde;
(c) Unanimously,
to respect and protect all relief and medical personnel and facilities;
(d) Unanimously,
to respect the prohibition on forcible transfer and deportation in the Occupied
Palestinian Territory;
(e) Unanimously,
to respect the right of protected persons from the Occupied Palestinian Territory
who are detained by the State of Israel to be visited by the International Committee
of the Red Cross; and
(f) Unanimously,
to respect the prohibition on the use of starvation of civilians as a method of warfare;
(4) By ten votes to one,
Is of the opinion that, as an occupying Power, the State of Israel has an obligation
under international human rights law to respect, protect and fulfil the human rights of
the population of the Occupied Palestinian Territory, including through the presence
and activities of the United Nations, other international organizations and third States,
in and in relation to the Occupied Palestinian Territory;
IN FAVOUR: President Iwasawa; Judges Tomka, Abraham, Xue, Nolte,
Charlesworth, Brant, Gómez Robledo, Cleveland, Tladi;
– 3 –
AGAINST: Vice-President Sebutinde;
(5) By ten votes to one,
Is of the opinion that the State of Israel has an obligation to co-operate in good
faith with the United Nations by providing every assistance in any action it takes in
accordance with the Charter of the United Nations, including the United Nations Relief
and Works Agency for Palestine Refugees in the Near East, in and in relation to the
Occupied Palestinian Territory;
IN FAVOUR: President Iwasawa; Judges Tomka, Abraham, Xue, Nolte,
Charlesworth, Brant, Gómez Robledo, Cleveland, Tladi;
AGAINST: Vice-President Sebutinde;
(6) By ten votes to one,
Is of the opinion that the State of Israel has an obligation under Article 105 of the
Charter of the United Nations to ensure full respect for the privileges and immunities
accorded to the United Nations, including its agencies and bodies, and its officials, in
and in relation to the Occupied Palestinian Territory;
IN FAVOUR: President Iwasawa; Judges Tomka, Abraham, Xue, Nolte,
Charlesworth, Brant, Gómez Robledo, Cleveland, Tladi;
AGAINST: Vice-President Sebutinde;
(7) By ten votes to one,
Is of the opinion that the State of Israel has an obligation under Article II of the
Convention on the Privileges and Immunities of the United Nations to ensure full
respect for the inviolability of the premises of the United Nations, including those of the
United Nations Relief and Works Agency for Palestine Refugees in the Near East, and
for the immunity of the property and assets of the Organization from any form of
interference;
IN FAVOUR: President Iwasawa; Judges Tomka, Abraham, Xue, Nolte,
Charlesworth, Brant, Gómez Robledo, Cleveland, Tladi;
AGAINST: Vice-President Sebutinde;
(8) By ten votes to one,
Is of the opinion that the State of Israel has an obligation under Articles V, VI and
VII of the Convention on the Privileges and Immunities of the United Nations to ensure
full respect for the privileges and immunities accorded to the officials and experts on
mission of the United Nations, in and in relation to the Occupied Palestinian Territory.
IN FAVOUR: President Iwasawa; Judges Tomka, Abraham, Xue, Nolte,
Charlesworth, Brant, Gómez Robledo, Cleveland, Tladi;
AGAINST: Vice-President Sebutinde.”
*
– 4 –
Vice-President SEBUTINDE appends a separate opinion to the Advisory Opinion of the Court;
Judges ABRAHAM and CLEVELAND append a joint declaration to the Advisory Opinion of the Court;
Judge XUE appends a separate opinion to the Advisory Opinion of the Court; Judge CHARLESWORTH
appends a declaration to the Advisory Opinion of the Court; Judge BRANT appends a separate opinion
to the Advisory Opinion of the Court; Judge GÓMEZ ROBLEDO appends a partially dissenting opinion
to the Advisory Opinion of the Court; Judges CLEVELAND and TLADI append declarations to the
Advisory Opinion of the Court.
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A summary of the Advisory Opinion appears in the document entitled “Summary 2025/7”, to
which summaries of the opinions and declarations are annexed. This summary and the full text of
the Advisory Opinion are available on the case page on the Court’s website.
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Earlier press releases relating to this case, including the history of the proceedings, are
available on the Court’s website.
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Note: The Court’s press releases are prepared by its Registry for information purposes only
and do not constitute official documents.
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The International Court of Justice (ICJ) is the principal judicial organ of the United Nations.
It was established by the United Nations Charter in June 1945 and began its activities in April 1946.
The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the
Security Council of the United Nations. The seat of the Court is at the Peace Palace in The Hague
(Netherlands). The Court has a twofold role: first, to settle, in accordance with international law,
legal disputes submitted to it by States; and, second, to give advisory opinions on legal questions
referred to it by duly authorized United Nations organs and agencies of the system.
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Information Department:
Ms Monique Legerman, First Secretary of the Court, Head of Department: +31 (0)70 302 2336
Ms Joanne Moore, Information Officer: +31 (0)70 302 2337
Mr Avo Sevag Garabet, Associate Information Officer: +31 (0)70 302 2481