France (@francediplo_EN) and Luxembourg (@cooperation_lu) have been at the forefront of principled humanitarian relief to #Palestine, providing EUR 72 million in aid, a third of which was delivered by international and national NGOs. 1/3 @franceonu made that point patently clear, reminding the @CIJ_ICJ that the question refers to the "activities of 'other international organizations.' Given the essential role of non-governmental organizations such as Doctors of the World or Action Against Hunger in the Occupied Palestinian Territory, France considers that their activities must also be taken into account in the context of these proceedings." France asserted that an occupying power is required to take into account the specific circumstances of the territories it occupies "in order to authorize and facilitate the activities of appropriate humanitarian organizations, i.e., those truly capable of providing sufficient assistance to supply the local population." Bravo!
2/3 Countering the legal fallacies presented by @USUN, France recalled that Art.59 imposes two obligations on the occupying power, which it cannot shirk once it is established that all or part of the population of the occupied territory is inadequately supplied: "the occupying power must, on the one hand, 'accept' humanitarian aid. This is an obligation of result: the occupying power is required not to refuse humanitarian aid. The occupying power must 'facilitate [humanitarian aid] to the fullest extent of its means.' By virtue of this obligation of conduct, the occupying power must, in good faith, use all means at its disposal to facilitate the delivery of the aid it has accepted."
Finally, it noted that while Art. 59 contains a safeguard clause allowing the occupying power to check consignments, "if, pursuant to this clause, controls may be justified, France reiterates that they cannot result in preventing humanitarian aid; this would render Article 59 meaningless."
Finally, it noted that while Art. 59 contains a safeguard clause allowing the occupying power to check consignments, "if, pursuant to this clause, controls may be justified, France reiterates that they cannot result in preventing humanitarian aid; this would render Article 59 meaningless."
3/3 Luxembourg, like France, recalled that "Israel, as the occupying power, has a general obligation to administer the occupied territory in the interest of the local population. This obligation stems from Article 43 of the Hague Regulations."
This obligation is also based on the right to self-determination, recalling the 2024 Advisory Opinion, which stated that “[t]he dependence of the West Bank, East Jerusalem, and more particularly the Gaza Strip, on Israel for the provision of essential goods and services impedes the enjoyment of fundamental human rights, in particular the right to self-determination.”
Therefore, Luxembourg held that "Israel is obliged, by virtue of the Palestinian people's right to self-determination, to take measures to reduce this dependence, in particular by authorizing and facilitating the provision of essential goods and services by the United Nations. Israel may not exercise its right of inspection and control in an abusive or arbitrary manner so as to render the principle itself inoperative, nor unduly delay the delivery of relief supplies."
This obligation is also based on the right to self-determination, recalling the 2024 Advisory Opinion, which stated that “[t]he dependence of the West Bank, East Jerusalem, and more particularly the Gaza Strip, on Israel for the provision of essential goods and services impedes the enjoyment of fundamental human rights, in particular the right to self-determination.”
Therefore, Luxembourg held that "Israel is obliged, by virtue of the Palestinian people's right to self-determination, to take measures to reduce this dependence, in particular by authorizing and facilitating the provision of essential goods and services by the United Nations. Israel may not exercise its right of inspection and control in an abusive or arbitrary manner so as to render the principle itself inoperative, nor unduly delay the delivery of relief supplies."
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