“If we want true justice, we should not look for excuses and should not refer to the shortcomings of the current international law but make bold decisions that will correct those shortcomings that unfortunately exist in international law,” Ukrainian President Volodymyr Zelenskyy said during a visit to the Netherlands in 2023.
The hearings focused on provision of aid to the Palestinians, but the U.N. court’s 15 judges could use their advisory opinion to give legal guidance on the powers of the world body.“The court has the opportunity to clarify and address questions about the legal immunities of the United Nations,” Mike Becker, an expert on international human rights law at Trinity College Dublin, told The Associated Press.
Advisory opinions issued by the U.N. court are described as “nonbinding” as there are no direct penalties attached to ignoring them. However, the treaty that covers the protections that countries must give to United Nations personnel says that disputes should be resolved through an advisory opinion at the ICJ and the opinion “shall be accepted as decisive by the parties.”“The oddity of this particular process,” Becker said, “is a clear response to any argument that the opinion is nonbinding.”The resolution, sponsored by Norway, seeks the ICJ’s guidance on “obligations of Israel … in relation to the presence and activities of the United Nations … to ensure and facilitate the unhindered provision of urgently needed supplies essential to the survival of the Palestinian civilian population.” The United States, Israel’s closest ally, voted against it.
Israel’s ban on the agency, known as UNRWA, which provides aid to Gaza, came into effect in January. The organization has faced increased criticism fromand his far-right allies, who claim the group is deeply infiltrated by Hamas. UNRWA rejects that claim.
“We cannot let states pick and choose where the U.N. is going to do its work. This advisory opinion is a very important opportunity to reinforce that,” Becker said.
Whatever the judges decide will have an impact beyond the current situation in Gaza, according to Juliette McIntyre, an expert on international law at the University of South Australia. “Are these immunities absolute or is there wiggle room? This is useful for where United Nations personnel are working in other places,” McIntyre told AP.Luxembourg Foreign Minister Xavier Bettel said he had spent a lot of time in the region in recent months, but that his pleas to Israel to show restraint have fallen on deaf ears.
“I have the feeling they’re listening to no one. I fully understand they have pressure, and Hamas, and they still have hostages. But we have to be around to table to see how we can find solutions,” Bettel told reporters.“We need to find a solution on that and not to give the impression to the Palestinians that at the end of the day, they won’t exist anymore, neither as a country nor as population,” he said.
Bettel and his EU counterparts are expected to discuss the Dutch initiative on Thursday, but it’s unclear whether the 27-nation bloc will take a stand. Last year,tried to press their EU partners to examine whether Israel has broken the rules.