ICJ dismisses Israel’s argument that UNRWA organization is not impartial or neutral

In its opinion, the ICJ dismisses Israel’s main argument for the legislation against UNRWA — that the organization is no longer impartial or neutral — stating that there is no evidence that UNRWA breached the impartiality requirements under Article 59 of the Fourth Geneva Convention which it says relate to discrimination in the provision of humanitarian aid and services.

The court also says that neutrality is not a requirement under Article 59, although it concedes it can be used to determine impartiality, and says that the “information before the court is not sufficient” to establish that UNRWA is not a neutral organization.

Israel argued in its submission to the court that UNRWA has been subject to “widespread infiltration by terrorist organizations,” and stated that “Hamas command-and-control centers, hideouts, and weapon storage facilities” were found within or in the immediate surrounding of at least 32 UNRWA facilities, including schools, warehouses, compounds, and apartments in Gaza during the course of the current war.

It also noted that several UNRWA employees took part in the October 7, 2023, massacres by Hamas and other terrorist groups; that senior Hamas military personnel were UNRWA members, and that over 1,400 of UNRWA’s approximately 13,000 Gaza employees were members of Hamas or other terrorist groups.

Israel therefore argued that UNRWA was neither impartial or neutral, and actually violated articles 1 and 2 of the UN Charter, meaning that Israel was not obligated to allow its operations.