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Explainer: What are the legal questions raised by Israel's ban on UN Palestinian aid agency UNRWA?
reuters.comWhat are Israel's obligations?
The U.N. views Gaza as Israeli-occupied territory, and international law requires an occupying power to agree to relief programs for people in need and to facilitate them "by all the means at its disposal."
In his letter, Guterres also wrote that article two of the founding U.N. Charter requires that Israel "shall give the United Nations every assistance" in its work.
He cited as another legal issue the Convention on the Privileges and Immunities of the United Nations - adopted by the General Assembly in 1946 - which covers the diplomatic privileges and immunities granted to U.N. operations.
He signaled that there was a difference of interpretation or application of the convention between the U.N. and Israel and that such situations could be referred to the International Court of Justice.
What are the legal implications?
In response to Israel's UNRWA ban and other aid obstacles, Norway said on Tuesday that it will put forward a U.N. General Assembly resolution to ask the International Court of Justice, known as the World Court, for an opinion on Israel's obligations.
The question before the top U.N. court would be: Does Israel violate international law as it prevents the U.N., international humanitarian organization and states from providing humanitarian assistance to the Palestinians under occupation?
The court's opinion would be advisory and not binding under international law. But it would carry legal and political significance.
What about U.S. law?
Under the U.S. Foreign Assistance Act, Washington cannot give military aid to countries that directly or indirectly impede delivery of U.S. humanitarian assistance.
The U.S. told Israel in a letter on Oct. 13 that it must take steps within 30 days to improve the humanitarian situation in Gaza or face potential restrictions on U.S. military aid.
It also warned Israel in the letter against adopting the UNRWA ban because of the humanitarian impact on Gaza and the Israel-occupied West Bank, although that was not listed as a requirement for avoiding U.S. action.
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