The African Union (AU) participated in the advisory proceedings before the International Court of Justice (ICJ) concerning the legal obligations of Israel in connection with the presence and activities of the United Nations, other international organizations, and third States in the Occupied Palestinian Territory.
Representing the AU, Prof. Hajer Gueldich, Legal Counsel of the Union, and Prof. Mamadou Hébié, delivered the Union's oral statement before the Court.
In its submission, the AU emphasized the deteriorating humanitarian situation in Gaza and the broader legal consequences of Israel's conduct in the Occupied Palestinian Territory. The AU highlighted that the obstruction of humanitarian assistance and the systematic denial of basic services, including food, health, and shelter, violates established international legal obligations, including the UN Charter and the Geneva Convention.
The AU argued that Israel's measures restricting the operations of international organizations, particularly the United Nations Relief and Works Agency (UNRWA), contravene Article 2(5) of the UN Charter and the Convention on the Privileges and Immunities of the United Nations. These acts, the AU stressed, are inconsistent with the responsibilities of a UN Member State.
The AU’s legal position further addressed the evolution of the law of occupation, urging the Court to interpret Israel’s obligations in light of contemporary international human rights and humanitarian law. The AU submitted that Israel’s obligations under the Hague Regulations and the Fourth Geneva Convention must now related to food, public health, and humanitarian relief must now be interpreted and applied considering fundamental peoples’ rights such as the rights to self-determination, existence, and development, as well as the human rights to food, health, and education.
The AU emphasized that the Palestinian people’s rights cannot be derogated on grounds of security and that any justification based on security concerns cannot override the obligations of Israel as the occupying Power under international law. It reaffirmed that occupation cannot be used to legitimize systemic deprivation or indefinite legal uncertainty.
The Union also highlighted that UNRWA, as a subsidiary organ of the UN General Assembly, operates under a unique legal regime that must be respected by all Member States.
Concluding its statement, the African Union emphasizes that reaffirming Palestinians’ collective and individual rights, and therefore Israel’s obligations, are essential to the preserve the credibility of the international legal order in safeguarding the fundamental values.
For further information, please contact:
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Mr. Olatoundji Francis Adanlao | Legal Officer | Office of the Legal Counsel | Email: adanlaoo@africa-union.org
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Ms. Meseret Fassil Assefa | Associate Legal Officer | Office of the Legal Counsel | Email: meseretf@africa-union.org
Information and Communication Directorate, African Union Commission I E-mail: DIC@africa-union.org I
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