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Israel's High Court Reaffirms Decision to Halt Aid to Gaza

(X) John Spencer and Arsen Ostrovsky - On March 27, 2025, Israel's High Court of Justice reaffirmed Israel's decision to halt aid to Gaza following Hamas's rejection of the U.S. proposal to continue the hostage-ceasefire negotiations. After reviewing extensive classified materials, multiple hearings, and actual data, the Court ruled that Israel has met and continues to meet its obligations under both international and domestic law. The Court also addressed allegations that Israel was using starvation as a method of warfare. Citing the entry of 25,000 aid trucks carrying over 57,000 tons of food since January 19, it found no violation of the prohibitions on starvation or collective punishment "not even remotely." The Court emphasized that international law only obliges a state to facilitate the passage of humanitarian supplies when there is no reason to believe they are being diverted for hostile use. Given overwhelming evidence that Hamas has been systematically stealing aid and repurposing it for military operations, the Court concluded that Israel acted within the bounds of international law when it halted certain aid flows. This legal conclusion echoes longstanding principles under the Fourth Geneva Convention, as well as similar provisions in the U.S. Defense Department Law of War Manual and customary international law: aid is not unconditional when it risks empowering a belligerent force. No court on Earth scrutinizes its own military in wartime the way Israel's does. Israel's legal system exceeds the standards expected by the international community. The Court documented how Israel has improved aid flows, opened more crossing points, coordinated access, and constantly evaluated the humanitarian situation. John Spencer is chair of urban warfare studies at the Modern War Institute at West Point. Arsen Ostrovsky is a senior fellow at the Misgav Institute for National Security.
2025-04-10 00:00:00
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