Statement on Upcoming ICJ Hearings: Israel’s Obligations to Facilitate Humanitarian Aid in the Occupied Palestinian Territory
April 25th, 2025
Justice For All Canada looks forward to the upcoming hearings at the International Court of Justice (ICJ), set to be held from April 28 to May 2, 2025, regarding Israel’s obligations to facilitate humanitarian aid to Palestinian civilians. We are also deeply concerned that Canada has yet again chosen not to participate in the oral hearings, as it did with last year’s ICJ advisory opinion regarding the illegality of Israel’s prolonged occupation.
This is a pivotal moment for international law and the rights of Palestinians living under occupation. The question before the ICJ centres on whether Israel as an occupying power is upholding its legal obligations to allow the delivery of unhindered humanitarian assistance for survival as well as humanitarian aid in support of the Palestinian people’s right of self-determination. As part of this analysis, the Court will consider Israel’s obligations with respect to UN agencies, international organizations and third states seeking to provide aid to the Palestinian people. The UN resolution requesting this opinion (Resolution 79/232), initiated by Norway, was supported by 137 countries, with Canada disappointingly abstaining from the vote. Canada is also noticeably absent from the list of participating countries in the oral hearings next week.
This is the third time the ICJ has been asked to issue an advisory opinion concerning Israel’s conduct in the Occupied Palestinian Territory (OPT). In 2004, the Court concluded that Israel’s construction of the separation wall in the West Bank violated international law. The Court reaffirmed that the Palestinian people have a right to self-determination and that Israel is not entitled to claim sovereignty over any part of the OPT as the occupying power. Despite that landmark ruling, Israel has expanded its illegal settlements, entrenched its control over East Jerusalem, and intensified movement restrictions.
In another landmark ruling in 2024, the ICJ reaffirmed that Israel’s prolonged occupation of the OPT is illegal, Israel settlers must evacuate from the OPT as rapidly as possible, Israel must pay reparations for the damage it has caused through the illegal occupation, and that all nations (including Canada) must refuse to legitimize Israel’s illegal occupation and not provide aid or assistance to Israel in this regard. The Court also confirmed that Israel’s policies in the OPT constitute racial segregation and apartheid, in contravention of international law. In this case, Canada voted against the UN General Assembly resolution requesting the opinion from the ICJ, then submitted written submissions requesting the court not to provide an opinion at all, and finally was the only country to withdraw from the historic oral hearings held in February 2024.
The legal questions raised in the hearings to be held next week are urgent. In the aftermath of Israel’s military assault on Gaza that began in October 2023, Palestinians have faced a plausible genocide, war crimes, crimes against humanity, mass displacement, starvation, and collapse of civilian infrastructure. Notably, the International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Minister of Defense Yoav Gallant on a number of grounds, including the war crime of starvation as a method of warfare.
The Israeli government has blocked or severely restricted the entry of humanitarian aid, expelled international workers, and escalated legislative threats against UN bodies such as UNRWA. Under the Fourth Geneva Convention, an occupying power is legally required to ensure the welfare of the population under its control and must facilitate the work of neutral humanitarian actors when it is unable to meet those needs itself. Next week’s ICJ hearings are expected to address these obligations directly.
Supporters nationwide and globally will watch the hearings closely for legal clarification and momentum toward accountability. The ICJ has the authority to clarify that Israel’s restrictions on humanitarian work breaches legal duty. At stake is the international community’s ability to enforce protections for occupied populations when other channels have failed. Ultimately, we hope for a strong opinion in the coming months that could equip future legal mechanisms with the foundation to respond to ongoing impunity, and where Palestinian rights are recognized first and not negotiated.
As Canadian Federal elections draw near, Justice For All Canada calls on current Prime Minister Mark Carney to heed recommendations urged by human rights groups:
Justice For All Canada condemns the Canadian government’s rhetorical commitments and lack of respect for international institutions. So long as Canada fails to acknowledge the Court’s findings once its opinion is issued, so-called commitments remain hollow. We are reminded that Canada is a party to the Geneva Conventions and a member of the United Nations, with the capacity and responsibility to respond to humanitarian law violations. Canada cannot claim neutrality while withholding support for legal processes intended to protect occupied civilians and international order itself.
Justice For All Canada looks forward to the upcoming hearings at the International Court of Justice (ICJ), set to be held from April 28 to May 2, 2025, regarding Israel’s obligations to facilitate humanitarian aid to Palestinian civilians. We are also deeply concerned that Canada has yet again chosen not to participate in the oral hearings, as it did with last year’s ICJ advisory opinion regarding the illegality of Israel’s prolonged occupation.
This is a pivotal moment for international law and the rights of Palestinians living under occupation. The question before the ICJ centres on whether Israel as an occupying power is upholding its legal obligations to allow the delivery of unhindered humanitarian assistance for survival as well as humanitarian aid in support of the Palestinian people’s right of self-determination. As part of this analysis, the Court will consider Israel’s obligations with respect to UN agencies, international organizations and third states seeking to provide aid to the Palestinian people. The UN resolution requesting this opinion (Resolution 79/232), initiated by Norway, was supported by 137 countries, with Canada disappointingly abstaining from the vote. Canada is also noticeably absent from the list of participating countries in the oral hearings next week.
This is the third time the ICJ has been asked to issue an advisory opinion concerning Israel’s conduct in the Occupied Palestinian Territory (OPT). In 2004, the Court concluded that Israel’s construction of the separation wall in the West Bank violated international law. The Court reaffirmed that the Palestinian people have a right to self-determination and that Israel is not entitled to claim sovereignty over any part of the OPT as the occupying power. Despite that landmark ruling, Israel has expanded its illegal settlements, entrenched its control over East Jerusalem, and intensified movement restrictions.
In another landmark ruling in 2024, the ICJ reaffirmed that Israel’s prolonged occupation of the OPT is illegal, Israel settlers must evacuate from the OPT as rapidly as possible, Israel must pay reparations for the damage it has caused through the illegal occupation, and that all nations (including Canada) must refuse to legitimize Israel’s illegal occupation and not provide aid or assistance to Israel in this regard. The Court also confirmed that Israel’s policies in the OPT constitute racial segregation and apartheid, in contravention of international law. In this case, Canada voted against the UN General Assembly resolution requesting the opinion from the ICJ, then submitted written submissions requesting the court not to provide an opinion at all, and finally was the only country to withdraw from the historic oral hearings held in February 2024.
The legal questions raised in the hearings to be held next week are urgent. In the aftermath of Israel’s military assault on Gaza that began in October 2023, Palestinians have faced a plausible genocide, war crimes, crimes against humanity, mass displacement, starvation, and collapse of civilian infrastructure. Notably, the International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Minister of Defense Yoav Gallant on a number of grounds, including the war crime of starvation as a method of warfare.
The Israeli government has blocked or severely restricted the entry of humanitarian aid, expelled international workers, and escalated legislative threats against UN bodies such as UNRWA. Under the Fourth Geneva Convention, an occupying power is legally required to ensure the welfare of the population under its control and must facilitate the work of neutral humanitarian actors when it is unable to meet those needs itself. Next week’s ICJ hearings are expected to address these obligations directly.
Supporters nationwide and globally will watch the hearings closely for legal clarification and momentum toward accountability. The ICJ has the authority to clarify that Israel’s restrictions on humanitarian work breaches legal duty. At stake is the international community’s ability to enforce protections for occupied populations when other channels have failed. Ultimately, we hope for a strong opinion in the coming months that could equip future legal mechanisms with the foundation to respond to ongoing impunity, and where Palestinian rights are recognized first and not negotiated.
As Canadian Federal elections draw near, Justice For All Canada calls on current Prime Minister Mark Carney to heed recommendations urged by human rights groups:
- Meaningfully comply with the ICJ’s historic and upcoming rulings through parliamentary oversight and legal review. Conduct a thorough review to assess where current Canadian policies and partnerships are in line with international law standards, and introduce measures to address any inconsistencies.
- Endorse the ICJ’s decision to hear the advisory opinion request and affirm the legitimacy of the Court in addressing questions related to international humanitarian and human rights law.
- Support third-state obligations under the Geneva Conventions by taking concrete steps to ensure that Canada is not aiding in the maintenance of unlawful Israeli policies, including restrictions on aid, settlement expansion, and de facto annexation of the Palestinian Occupied Territories.
- Reaffirm Canada’s legal obligation to promote Palestine’s right to self-determination, including by recognizing that occupation cannot be indefinite and that international law requires Israel to end its military control over the Palestinian territories.
Justice For All Canada condemns the Canadian government’s rhetorical commitments and lack of respect for international institutions. So long as Canada fails to acknowledge the Court’s findings once its opinion is issued, so-called commitments remain hollow. We are reminded that Canada is a party to the Geneva Conventions and a member of the United Nations, with the capacity and responsibility to respond to humanitarian law violations. Canada cannot claim neutrality while withholding support for legal processes intended to protect occupied civilians and international order itself.