Security concerns cannot be used to avoid obligations under international law by occupying power, Swiss representative tells International Court of Justice
GENEVA — Israel must respect the UN and its agencies, refrain from obstructing their activities, and fully cooperate with impartial humanitarian organizations to ensure relief reaches Palestinians in need, Switzerland told the International Court of Justice (ICJ) on Friday.
“Israel has an obligation to ensure, to refrain and to respect the United Nations, its organs and agencies,” said Franz Perrez, representing Switzerland.
“Under international humanitarian law, it must allow and facilitate the relief efforts of impartial humanitarian organizations, including the UN, when the population is in need.”
Perrez described the dire situation in Gaza and the occupied Palestinian territory as “catastrophic,” citing mass violations of international law, the prolonged occupation declared illegal by the court, and the suffering caused by the violence since October 2023 – when Israel’s offensive on Gaza began –including the Israeli hostages and their families.
He affirmed that Israel, as the occupying power, is bound by international humanitarian law and the law of occupation, which requires it to consent to relief schemes and ensure their effective implementation. Israel must also respect and protect humanitarian personnel, he said.
Switzerland rejected vague or general security concerns as justification for blocking humanitarian assistance.
“The invocation of security concerns is not a wild card that can be used to avoid obligations under international law,” Perrez said. “Such invocation must be provided for by law and made in good faith.”
He stressed that under the UN Charter and the Convention on the Privileges and Immunities of the UN, Israel must respect the privileges and immunities of the UN and cannot take unilateral actions that impede its proper functioning.
Bern also reiterated its commitment to a two-state solution, achievable only through respect for international law and good faith negotiations. — AA
