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Israel and US Scorn ICJ Ruling Against Starving Civilians as Method of Warfare

The World Court says Israel has a duty as the occupying power to cooperate with UN relief efforts, not impede them.

By Marjorie Cohn , Truthout. October 24, 2025

World Court) told Israel what seems obvious to any reasonable person — that it cannot starve civilians as a method of warfare. But Israel does not act in accordance with international law, as evidenced by its two-year campaign of genocide against the Palestinian people in Gaza, during which it has killed over 68,000 Gazans (more likely 680,000, UN Special Rapporteur Francesca Albanese said on September 15).

In its 71-page advisory opinion, issued on October 22, the ICJ reiterated that Israel is illegally occupying the Gaza Strip. The court unanimously held that as the occupying power, Israel has obligations under international humanitarian law to ensure that the population of the Occupied Palestinian Territory, including Gaza, has essential supplies of everyday life, including water, food, shelter, clothing, bedding, and fuel, as well as medical equipment and services. The court also held that Israel must respect and protect all medical and relief personnel and facilities.

The ICJ ruled 10-1 in its advisory opinion that Israel has an obligation to facilitate humanitarian relief by the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) and other international organizations and third states, and must refrain from impeding that relief.

And the court unanimously held that Israel must respect the prohibition on deportation and forcible transfer in the Occupied Palestinian Territory, and the right of the Palestinian prisoners held in Israel to be visited by the International Committee of the Red Cross. The court noted that transfer is forcible not just when it is achieved by physical force, but also when people have no choice but to leave because the occupying power has inflicted conditions of life that are intolerable.

The ICJ rejected Israel’s bogus defense that its national security trumped its obligations under international humanitarian law, saying that the protection of security interests is not a “free-standing exception” allowing a state to violate its international humanitarian law obligations………………………………………………………………………….

Impacts of ICJ Advisory Opinions

Although advisory opinions of the ICJ are nonbinding, they carry great moral, political, and diplomatic weight with third states. On July 19, 2024, the ICJ held that Israel’s occupation of Palestinian territory is illegal and all states have an obligation not to recognize as legal the situation arising from the unlawful presence of Israel in the Occupied Palestinian Territory, and not to render aid or assistance in maintaining that situation. As a result of that ruling (and domestic pressure), several states have now recognized Palestine as an independent state…………………………………………………………………………………………………………….

The Israeli Foreign Ministry said that it “categorically rejects” the ICJ’s October 22 advisory opinion, stating that the court ignored the “extensive evidence” Israel provided of what it claimed was UNRWA’s “infiltration” by Hamas and UNRWA’s complicity in terrorist activities. “This is yet another political attempt to impose political measures against Israel under the guise of ‘International Law,’” the ministry alleged.

Likewise, the U.S. State Department called the advisory opinion “corrupt,” claiming that it “unfairly bashes Israel and gives UNRWA a free pass for its deep entanglement with and material support for Hamas terrorism.”………………………………………………………………………………………………………………………………………………………………………………………………….

The Current Situation

Before the October 10 ceasefire deal between Israel and Hamas took effect, UN-supported global experts warned that over 640,000 Palestinians were facing catastrophic levels of food insecurity and that there was an “entirely man-made” famine in Gaza City.

Since the ceasefire began, Israel has started allowing some aid into Gaza, but nowhere near enough to meet its legal obligations and assist the starving Gazans. The UN World Food Program is getting about 750 tons of food aid into Gaza daily, still far below its target of 2,000 tons per day. Although the ceasefire agreement requires 600 trucks per day of food and other humanitarian supplies, only 263 trucks entered Gaza on October 20, and 281 trucks entered Gaza on October 22, less than half of the agreed-upon number.

The Gaza Humanitarian Foundation has suspended operations, as it runs out of money and faces leadership problems and logistical obstacles to a resumption of its work.

Meanwhile, the ICJ is considering the merits of South Africa’s case against Israel that alleges Israel breached the Genocide Convention. Arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for war crimes and crimes against humanity — for intentionally and knowingly depriving the civilian population in Gaza of objects indispensable to their survival and intentionally directing an attack against a civilian population — are pending in the International Criminal Court.

During the past two years, millions of people globally have demonstrated in solidarity with the Palestinian people, and the Boycott, Divestment, Sanctions movement has achieved widespread popular support.

The new advisory opinion issued by the ICJ will continue to shame Israel in the eyes of the world. https://truthout.org/articles/israel-and-us-scorn-icj-ruling-against-starving-civilians-as-method-of-warfare/

October 27, 2025 - Posted by Christina Macpherson | Atrocities, Israel, Legal, USA