(October 22, 2025)
164. The Court recalls that, on 29 November 1948, referring to General Assembly resolution 181 (II) on the future government of Palestine, Israel applied for admission to membership of the United Nations, formally declaring that it “hereby unreservedly accepts the obligations of the United Nations Charter and undertakes to honour them from the day when it becomes a Member of the United Nations” (letter dated 29 November 1948 from Israel’s Foreign Minister to the United Nations Secretary-General concerning Israel’s Application for Admission to Membership of the United Nations and Declaration Accepting Obligations under the Charter, UN doc. S/1093). On 11 May 1949, the General Assembly took note of this declaration when it admitted Israel as a Member of the United Nations (General Assembly resolution 273 (III)).
165. For the purpose of responding to the question posed by the General Assembly, the Court will not examine all the obligations that Israel has undertaken as a Member of the United Nations under the Charter with regard to the question of Palestine. It will limit its analysis to those obligations concerning the presence and activities of the United Nations, including its entities, in and in relation to the Occupied Palestinian Territory.
(…)
223. For these reasons,
THE COURT ,
(1) Unanimously,
Finds that it has jurisdiction to give the advisory opinion requested;
(2) Unanimously,
Decides to comply with the request for an advisory opinion;
(3) Is of the opinion that the State of Israel, as an occupying Power, is required to fulfil its obligations under international humanitarian law. These obligations include the following:
(a) Unanimously,
to ensure that the population of the Occupied Palestinian Territory has the essential supplies of daily life, including food, water, clothing, bedding, shelter, fuel, medical supplies and services;
(b) By ten votes to one,
to agree to and facilitate by all means at its disposal relief schemes on behalf of the population of the Occupied Palestinian Territory so long as that population is inadequately supplied, as has been the case in the Gaza Strip, including relief provided by the United Nations and its entities, in particular the United Nations Relief and Works Agency for Palestine Refugees in the Near East, other international organizations and third States, and not to impede such relief;
IN FAVOUR: President Iwasawa; Judges Tomka, Abraham, Xue, Nolte, Charlesworth, Brant,
Gómez Robledo, Cleveland, Tladi;
AGAINST: Vice-President Sebutinde;
(c) Unanimously,
to respect and protect all relief and medical personnel and facilities;
(d) Unanimously,
to respect the prohibition on forcible transfer and deportation in the Occupied Palestinian Territory;
(e) Unanimously,
to respect the right of protected persons from the Occupied Palestinian Territory who are detained by the State of Israel to be visited by the International Committee of the Red Cross; and
(f) Unanimously,
to respect the prohibition on the use of starvation of civilians as a method of warfare;
(4) By ten votes to one,
Is of the opinion that, as an occupying Power, the State of Israel has an obligation under
international human rights law to respect, protect and fulfil the human rights of the population of the Occupied Palestinian Territory, including through the presence and activities of the United Nations, other international organizations and third States, in and in relation to the Occupied Palestinian Territory;
IN FAVOUR: President Iwasawa; Judges Tomka, Abraham, Xue, Nolte, Charlesworth, Brant,
Gómez Robledo, Cleveland, Tladi;
AGAINST: Vice-President Sebutinde;
(5) By ten votes to one,
Is of the opinion that the State of Israel has an obligation to co-operate in good faith with the United Nations by providing every assistance in any action it takes in accordance with the Charter of the United Nations, including the United Nations Relief and Works Agency for Palestine Refugees in the Near East, in and in relation to the Occupied Palestinian Territory;
IN FAVOUR: President Iwasawa; Judges Tomka, Abraham, Xue, Nolte, Charlesworth, Brant,
Gómez Robledo, Cleveland, Tladi;
AGAINST: Vice-President Sebutinde;
(6) By ten votes to one,
Is of the opinion that the State of Israel has an obligation under Article 105 of the Charter of the United Nations to ensure full respect for the privileges and immunities accorded to the United Nations, including its agencies and bodies, and its officials, in and in relation to the Occupied Palestinian Territory;
IN FAVOUR: President Iwasawa; Judges Tomka, Abraham, Xue, Nolte, Charlesworth, Brant,
Gómez Robledo, Cleveland, Tladi;
AGAINST: Vice-President Sebutinde;
(7) By ten votes to one,
Is of the opinion that the State of Israel has an obligation under Article II of the Convention on the Privileges and Immunities of the United Nations to ensure full respect for the inviolability of the premises of the United Nations, including those of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, and for the immunity of the property and assets of the Organization from any form of interference;
IN FAVOUR: President Iwasawa; Judges Tomka, Abraham, Xue, Nolte, Charlesworth, Brant,
Gómez Robledo, Cleveland, Tladi;
AGAINST: Vice-President Sebutinde;
(8) By ten votes to one,
Is of the opinion that the State of Israel has an obligation under Articles V, VI and VII of the Convention on the Privileges and Immunities of the United Nations to ensure full respect for the privileges and immunities accorded to the officials and experts on mission of the United Nations, in and in relation to the Occupied Palestinian Territory.
IN FAVOUR: President Iwasawa; Judges Tomka, Abraham, Xue, Nolte, Charlesworth, Brant,
Gómez Robledo, Cleveland, Tladi;
AGAINST: Vice-President Sebutinde.