By: Seringe ST Touray
In a statement before the International Court of Justice (ICJ) on Thursday, April 1, 2025, China’s Legal Adviser to the Ministry of Foreign Affairs and Member of the United Nations International Law Commission, Ma Xinmin, called for Israel to fulfill its obligations under international law regarding humanitarian assistance to Palestinians in occupied territories.
Ma described the situation in Gaza as an “unprecedented humanitarian crisis, threatening to overwhelm an already suffering people.” He emphasized that “for over half a century, Palestinian in the occupied territory has endured persistent suffering with many communities dependent on humanitarian assistance for basic survival.”
The Chinese representative outlined Israel’s legal obligations as the occupying power in Palestinian territories. According to Ma, Israel has “the undisputed primary responsibility to ensure the basic needs of civilians in the occupied territory” and an “obligation to agree to humanitarian assistance from third parties when the population in the OPT is inadequately supplied.”
Ma stressed that Israel must “allow and facilitate humanitarian assistance from third parties” by ensuring “rapid and impeded passengers of the humanitarian assistance, enable humanitarian personnel to perform their tasks, and facilitate the distribution of relief materials.”
The statement highlighted China’s position that the United Nations should play a central role in coordinating humanitarian efforts. Quoting President Xi Jinping, Ma stated: “The humanitarian course is humanity’s shared mission.”
Regarding UNRWA (United Nations Relief and Works Agency for Palestine Refugees), Ma described it as “the backbone of humanitarian assistance operations in Gaza” with a role that is “both indispensable, and irreplaceable.” He criticized Israel’s actions toward the agency, stating that “by withdrawing from the 1967 Interim Agreement and enacting legislation to prohibit UNRA operations, Israel clearly violates its obligations under international law.”
Ma concluded with an appeal to the ICJ: “China respectfully calls upon the court to issue an advisory opinion that upholds the integrity of international law and stirs the conscience of the international community.” His final statement emphasized the need for “safeguarding fairness and justice through the rule of law” to “build a community with a shared future for humankind.”
The ICJ hearing is part of an ongoing legal process examining Israel’s responsibilities in the occupied Palestinian territories, particularly regarding humanitarian access amid the continuing crisis in Gaza.
