US Participation in ICJ Advisory Proceedings – Public Hearing on Israeli Obligations

The United States of America, represented by the Office of the Legal Adviser of the Department of State, appeared this morning, April 30^th, in The Hague at the public hearing of the International Court of Justice on the request by the General Assembly for an advisory opinion on Israel’s obligations in relation to the presence and activities of the United Nations, other international organizations, and third states, including with respect to humanitarian assistance.

The United States voted against the resolution referring the matter to the Court and continues to be of the view that the referral is inappropriate because it unduly singles out Israel and does not advance efforts to achieve progress towards a ceasefire and release of all the hostages. The United States supports the flow of humanitarian aid to Gaza with safeguards to ensure assistance is not looted or misused by terrorist groups such as Hamas and the Palestinian Islamic Jihad, which harm Israelis and Palestinians alike.

The U.S. remarks at the hearing focused on the narrow legal questions before the Court and the straightforward answers found in well-established rules of international law, including the respective roles of the Security Council and General Assembly under the UN Charter.  The U.S. remarks also stressed the particular importance of using established legal frameworks and not taking up invitations from others to establish new obligations that have no basis in international law.  The US presentation also reaffirmed that Israel has ample grounds to question UNRWA’s impartiality.  Israel is not obligated to work with UNRWA in these circumstances.