The International Court of Justice at The Hague (ICJ) is debating this week whether to issue an advisory opinion claiming that Israel violates international law by not providing humanitarian aid to Gaza.
But the law is actually quite simple in this case.
As I discussed in depth in a recent post, Article 23 of Geneva Convention IV clearly states that a country at war has no obligation to provide aid if it is diverted to enemy combatants. Multiple international sources, including the UN, have confirmed that Hamas steals aid intended for Gaza’s civilians.
Hamas sells aid to raise funds for combat, and also uses it directly: including using fuel to fire rockets, using concrete to build tunnels where Israeli hostages are held, and more. So by the Geneva Conventions, as well as basic morality and common sense, Israel is not required to provide aid to a terror organization. It’s really that simple: legally speaking it’s an “open and shut” case.
So why is the ICJ debating this issue?
If you support Palestinians, why would you promote aid that Palestinian civilians don’t even receive? If you support Israel, or any free democracy for that matter, you must face the reality that by providing aid to Hamas, the world is funding both sides of this conflict - which is a recipe for disaster and for endless war.
It’s worth noting that the ICJ initiated this case last December, at a time when enormous amounts of aid were flowing into Gaza - almost double the caloric needs of every man woman and child - if Hamas weren’t stealing it. I discussed this topic in depth in yet another post. (The aid shipments stopped only last month, on March 2, 2025).
The ICJ’s advisory opinion can have a real impact on Israel’s safety and the IDF’s freedom of action, as well as the safety of democracies throughout the free world (I explain further in the video). So why isn’t Israel responding at the ICJ?
In the above video, I explain the situation to i24 news. Here are some more resources:
To read the relevant legal analysis in depth, check this post.
To learn more about Israel’s facilitation of humanitarian aid, check this post.
To view the i24 interview, click here or on the video above.
Have a question about Israel, humanitarian aid or international law? Leave it in the comments and I’ll respond - consider me your own personal international lawyer!
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