Speaking to the International Court of Justice (ICJ) on Wednesday, US officials defended Israel’s attacks on UN agencies in Gaza as potentially legal as Israel has banned humanitarian aid entirely as Israel is approaching nearly two months.
US officials also argued that 12 states spoke to the court in the UN courts and that international law “subject to “no unqualified obligations on occupancy” with regard to humanitarian assistance provided by international organizations and third states.
“Occupation laws converge military and humanitarian interests,” said Joshua Simmons, senior director of the U.S. State Department’s Office of Legal Advisors.
Simmons mentioned Article 59 of the 4th Geneva Convention in 1949. This concerns the humanitarian obligation of occupation rights, claiming that the provisions do not impose an absolute obligation to grant relief to the population under its control.
Regarding third states, this article states that relief schemes may be “conducted by states or impartial humanitarian organisations, such as the International Committee of the Red Cross.”
Reflecting Israel’s views, Simmons questioned the fairness of UNRWA as a relief provider.