In a striking development, Norway has announced its intention to seek an advisory opinion from the International Court of Justice (ICJ) condemning Israel’s recent decision to end cooperation with the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) in Gaza. The move comes after the Israeli Knesset passed two contentious bills last month banning UNRWA from operating on Israeli territory and prohibiting Israeli state contact with the agency.
Israel’s Controversial Stance Threatens Aid Delivery
The legislation, set to take effect within three months, would effectively prevent UNRWA from delivering critical aid to the beleaguered Gaza Strip. The bills were passed in response to allegations by Israel that members of UNRWA staff in Gaza were involved in attacks by Hamas on October 7th. While the UN launched an investigation into the Israeli claims and terminated nine UNRWA employees as a result, the far-reaching consequences of Israel’s stance have raised alarm bells across the international community.
Norway Spearheads Effort to Protect UNRWA
Norway, long a champion of humanitarian causes, has taken the lead in rallying support for UNRWA at the United Nations. Deputy Foreign Minister Andreas Motzfeldt Kravik has been engaging in initial consultations in New York to draft a resolution urging the ICJ to issue an advisory opinion aimed at safeguarding the existence and operations of the UN agency. The Norwegian initiative, expected to be voted on next month in the UN General Assembly, has garnered the backing of UNRWA itself and a growing number of Arab states.
“The international community cannot accept that the UN, international humanitarian organisations, and states continue to face systematic obstacles when working in Palestine and delivering humanitarian assistance to Palestinians under occupation,” declared Norwegian Prime Minister Jonas Gahr Støre.
Dire Consequences for Gaza’s Civilians
The potential fallout from Israel’s move to cut ties with UNRWA cannot be overstated. According to UNRWA Commissioner-General Philippe Lazzarini, Israel has already destroyed or damaged two-thirds of the agency’s premises in Gaza, while 243 of its personnel have been killed in the conflict. The Knesset’s legislation, Lazzarini warned, would have “severe consequences for millions of civilians already living in the most dire of circumstances.”
Norway’s Foreign Minister, Espen Barth Eide, echoed these sentiments, asserting that the Israeli bills undermine “the stability of the entire Middle East.” The gravity of the situation was further underscored by UK Foreign Secretary David Lammy, who, speaking at the UN Security Council, lamented that “it is harder than ever to get aid into Gaza,” with only 37 aid trucks reaching the territory in October—the lowest figure on record.
Legal Precedent Favors UNRWA
Norway’s bid to secure an ICJ advisory opinion has a strong legal foundation. Previous case law has established that UN premises should be considered inviolable under Article 105 of the UN Charter, even in the context of military conflict. In fact, Israel agreed to pay $10.4 million in compensation to the UN following the 2008-2009 Gaza War after a UN inquiry found that Israeli strikes on UNRWA facilities constituted “an egregious breach of the inviolability of the United Nations premises.”
Legal experts advising Norway contend that the UN General Assembly, acting under its dispute settlement authority, should request an urgent advisory opinion from the ICJ regarding Israel’s actions vis-à-vis UNRWA. Such an opinion would carry significant moral and political weight, even if not legally binding.
International Community at a Crossroads
As Norway’s initiative gathers momentum, the international community finds itself at a critical juncture. Will it stand idly by as Israel’s policies imperil the lives and livelihoods of millions of Palestinians in Gaza, or will it rally behind Norway’s clarion call for justice and accountability? The stakes could not be higher, not only for the people of Gaza but for the cause of peace and stability in the Middle East.
For UNRWA, the ICJ’s intervention may represent a last, best hope. With no “Plan B” in place should Israel sever all ties, the agency’s ability to carry out its vital humanitarian mission hangs in the balance. As Commissioner-General Lazzarini grimly observed, UNRWA now faces “one of the darkest moments in its history.”
Norway’s principled stand offers a glimmer of light amidst the gathering darkness. By invoking the authority of international law and the moral imperative of aiding those in desperate need, Oslo has thrown down the gauntlet, challenging the world to live up to its highest ideals. The outcome of this struggle will reverberate far beyond the borders of Israel and Palestine, serving as a litmus test for the international community’s commitment to justice, compassion, and the rule of law.
As the clock ticks down to the implementation of Israel’s draconian legislation, all eyes will be on the UN General Assembly and the ICJ. The world must not turn a blind eye to the plight of Gaza’s beleaguered population. In the words of Norwegian Prime Minister Støre, “We are therefore requesting the international court of justice for an advisory opinion on Israel’s obligations to facilitate humanitarian assistance to the Palestinian population, delivered by international organisations, including the UN, and states.” It is a request that the conscience of the world cannot afford to ignore.
