ICJ: Written statement of Mexico – Obligations of Israel in relation to the Presence and Activities of the United Nations, Other International Organizations and Third States in and in relation to the Occupied Palestinian Territory

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04 March 2025

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IX. CONCLUDING REMARKS

98. The foregoing analysis serves to clarify Israel’s obligations under international law in its dual capacity: first, as an occupying power with direct responsibilities toward the Palestinian people; and second, as a member of the United Nations bound by the principles and obligations enshrined in the UN Charter.

99. As an occupying power, Israel is required to comply with international humanitarian law, particularly the Fourth Geneva convention and the Hague Regulations. These legal instruments impose clear duties, including the obligation to ensure and facilitate the provision of humanitarian aid and essential services to the Palestinian population. The continued presence and operations of the United Nations, other international organizations, and third States in the OPT are critical to meeting these needs, and Israel has a legal responsibility to allow and facilitate their work. Measures that restrict or obstruct their activities run counter to these legal obligations and risk exacerbating the humanitarian crisis.

100. Moreover, Israel is bound by international human rights law, which continues to apply during occupation. As a State party to international human rights treaties, including the ICCPR, ICESCR, CAT, CRC, CERD and CEDAW, Israel must respect, protect, and fulfill the fundamental rights of all individuals in the OPT. These obligations include ensuring nondiscrimination, protecting the rights of vulnerable populations.

101. As a member of the United Nations, Israel has additional obligations under the UN Charter, including those related to international cooperation, respect for the privileges and immunities of UN agencies, and adherence to relevant decisions from UN organs. These obligations require Israel to support and not hinder international efforts aimed at alleviating the humanitarian and developmental challenges faced by the Palestinian population.

102. The effective operation of UNRWA and other humanitarian organizations is essential to fulfilling these commitments. Ensuring their ability to function without undue interference is a fundamental requirement of Israel’s membership in the United Nations and its participation in the international community.

103. At the core of these obligations is the imperative to guarantee that humanitarian aid and essential services reach the Palestinian population without obstruction. Beyond the immediate humanitarian needs, these obligations also relate to the broader principle of self-determination, as recognized by international law. Facilitating access to aid and ensuring the continued presence of international actors within the OPT are not only legal responsibilities but also crucial elements in supporting the rights and dignity of the Palestinian people.

104. Mexico underscores the importance of full adherence to these obligations in accordance with the principles of international law. The advisory opinion requested from the International Court of Justice will provide authoritative legal guidance on these matters, reinforcing the fundamental principles that govern the responsibilities of States in situations of occupation and their broader commitments as members of the international community. In this context, ensuring compliance with international law remains essential for the protection of human rights, the promotion of peace, and global stability.

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