International Court’s Ruling on UN Agency Criticized

On Wednesday, prominent experts in international law and United Nations affairs condemned a recent advisory ruling from the International Court of Justice (ICJ) based in The Hague. This ruling calls for Israel to collaborate with a controversial U.N. aid agency, which the U.S. has withdrawn funding from due to its links to Hamas.

The ICJ President Yuji Iwasawa stated that Israel has an obligation to support and facilitate relief efforts led by the United Nations and its branches, including the United Nations Relief and Works Agency (UNRWA).

Documents have surfaced suggesting close relationships between the UN agency and Hamas within Gaza.

Eugene Kontorovich, a law professor at George Mason University, emphasized that this advisory opinion from the ICJ does not constitute a legal ruling. He cautioned that such a decision could pose risks to U.S. national interests. Kontorovich pointed out that the ICJ seems to regard UNRWA as a neutral entity, which he believes is misleading. His concern is that the ICJ is establishing new legal norms, which could be detrimental to U.S. policies, especially considering past adversities faced by the U.S. in the International Court’s advisory opinions.

Kontorovich, who is also affiliated with the Heritage Foundation, warned that the ICJ’s stance might imply that the U.S. must maintain ties to UN agencies or inadvertently support groups that threaten American lives. He suggested that the U.S. should reconsider treaties granting authority to the ICJ and think about recalling its judges.

The Israeli Ministry of Foreign Affairs responded strongly to the ICJ’s advisory opinion, categorically rejecting it and labeling it as a predictable attempt to enact political measures against Israel under the guise of legal obligation. They argued that the ruling fails to address the terrorist actions tied to UNRWA, noting that personnel from the agency were implicated in the October 7 attacks.

In contrast, U.N. Secretary-General António Guterres urged Israel to comply with the ICJ’s ruling, despite the criticisms voiced by Israel’s U.N. Ambassador. Guterres’s spokesman noted the expectation for the Israeli government to meet its legal responsibilities without engaging in the ongoing political commentary.

Anne Baevsky, director of the Touro Institute for Human Rights and the Holocaust, criticized the ICJ, referring to it pejoratively as the “World Court” and asserting it operates within an anti-Semitic framework against Israel. She accused the U.N. General Assembly of prejudging Israel’s guilt and pushing the court to affirm its preordained conclusions.

Experts have indicated that due to the connections between Hamas and the UNRWA, the agency should not be involved in any rebuilding efforts in Gaza.