Joseph A. Klein, CFP United Nations Columnist ——Bio and Archives--October 26, 2025
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The United Nations International Court of Justice (ICJ) issued an advisory opinion on October 22, 2025 that departs from reality. The advisory opinion is a hopelessly one-sided political statement against Israel, not a carefully reasoned and impartial judicial decision. Fortunately, an ICJ advisory opinion is non-binding as a matter of law.
The ICJ concluded that international law requires Israel to fully cooperate with the United Nations Relief and Works Agency (UNRWA) in fulfilling its mission to deliver humanitarian aid to Palestinian civilians. The ICJ dismissed Israel’s allegation that UNRWA cannot be trusted to perform its services neutrally, impartially, and independently of Hamas’ influence.
Even a cursory examination of the facts proves that Israel’s allegation is entirely true:
As Hugh Dugan, who served on the National Security Council as Special Assistant to the President and Senior Director for International Organization Affairs during President Donald Trump’s first term, told Fox News Digital, “[UNRWA’s] politics and relations with Hamas reveal that UNRWA lost irretrievably its grounding in humanitarian neutrality and non-discrimination."
The ICJ’s opinion cavalierly dismissed the unmistakable evidence that UNRWA is infiltrated with Israel-haters who want nothing less than the destruction of the Jewish state and that UNRWA has allowed its facilities to be used for that very purpose. Instead, the ICJ judges concluded that “The Court considers that the information before it is not sufficient to establish UNRWA’s lack of neutrality for the purpose of assessing its impartiality as an organization under Article 59 [of the Fourth Geneva Convention].”
Lady Justice is supposed to be blind. But not in the way that the ICJ judges deliberately closed their eyes to compelling evidence that contradicted their predetermined partisan outcome.
The ICJ judges also neglected to update their majority opinion to acknowledge that Israel is currently permitting tons of humanitarian aid to flow into Gaza during the current ceasefire under the terms of President Trump’s 20-point peace plan.
Vice President of the International Court of Justice, Julia Sebutinde, dissented from the ICJ’s advisory opinion. She wrote that the Court did not “sufficiently consider” Israel’s arguments that Hamas operatives have infiltrated UNRWA, “thereby potentially undermining the neutrality of that humanitarian organization.” Israel’s decision to terminate its provisional cooperation agreement with UNRWA may be justified “based on credible evidence of its involvement in terrorist activities.”
Judge Sebutinde added that “there is no legal requirement that Israel as an occupying Power must permit a specific third State or international organization to conduct humanitarian activities in the OPT [Occupied Palestinian Territory], if doing so would compromise Israel’s security interests.” (Emphasis in the original)
The International Court of Justice has become a discredited politicized forum that, in the words of the U.S. State Department, has issued a so-called “advisory” opinion that “unfairly bashes Israel and gives UNRWA a free pass for its deep entanglement with and material support for Hamas terrorism."
In short, this ICJ advisory opinion belongs in the proverbial circular file.
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Joseph A. Klein is the author of Global Deception: The UN’s Stealth Assault on America’s Freedom.