Dissenting ICJ judge says court failed to sufficiently consider Israel’s arguments

Vice President of the International Court of Justice Julia Sebutinde dissents from the court’s advisory opinion that Israel is obligated to cooperate with the controversial UNRWA agency, saying the court did not “sufficiently consider” Israel’s arguments that Hamas operatives have infiltrated UNRWA.

Sebutinde, who has frequently issued opinions and rulings in favor of Israel, also argues that “Israel retains discretion under international humanitarian law to determine how aid is delivered” in Gaza, and asserts that Israel is “not legally required to channel such assistance specifically or solely through UNRWA.”

The judge also writes that there is “no obligation to assist UN agencies acting contrary to the Charter’s principles,” as Israel has alleged UNRWA is doing, due to what it says is the widespread use Hamas has made of UNRWA facilities in Gaza, the participation of several UNRWA employees in the October 7, 2023 massacres, and Israel’s allegation that over 1,400 of UNRWA’s approximately 13,000 Gaza employees are members of Hamas and other terrorist groups.

“There is no legal requirement for Israel to permit specific third States or international organizations to conduct humanitarian activities in the Occupied Palestinian Territories, if doing so would compromise its security,” Sebutinde writes.