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The participation of the United States in the advisory procedures of the International Citizen Court – a general hearing on Israeli obligations

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The United States of America, represented by the Office of the Legal Adviser of the Ministry of Foreign Affairs, appeared this morning, April 30YIn The Hague, at the ICC plenary session regarding the General Assembly’s request for an advisory opinion on Israel’s obligations regarding the presence of United Nations activities, other international organizations and third states, including in terms of humanitarian assistance.

The United States voted against the decision that refers to the issue to the court and still believes that the referral is inappropriate because it is unjustified in Israel and does not make efforts to achieve progress towards the ceasefire and issuing all hostages. The United States supports the flow of humanitarian aid to Gaza with guarantees to ensure that they are not looted or offended by terrorist groups such as Hamas and the Palestinian Islamic jihad, which harms Israelis and Palestinians alike.

The American notes at the session focused on narrow legal questions before the court and the direct answers in the rules of firm international law, including the relevant roles of the Security Council and the General Assembly under the United Nations Charter. American observations also emphasized the special importance of using the applicable legal frameworks and not taking invitations from others to prove new obligations that have no basis in international law. The American presentation also confirmed again that Israel has wide reasons for questioning UNRWA’s neutrality. Israel is not obligated to work with UNRWA in these circumstances.

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