Tel Aviv : As legal proceedings at the International Court of Justice resumed on Monday addressing the war against Hamas, Israeli Foreign Minister Gideon Sa'ar condemned the hearing, calling it a "disgraceful" attempt to "politicize and abuse the legal process" aimed at "delegitimizing" Israel.
Briefing reporters in Jerusalem, Sa'ar stressed that Israel would not participate in the hearings in The Hague. "We decided not to cooperate with this circus," Sa'ar declared. "It is not Israel that should be on trial but the UN and UNRWA, which has been infiltrated by terrorists." He accused the United Nations Relief and Works Agency, which coordinates much of Gaza's humanitarian aid, of employing over 1,400 known terrorists, including Mohammed Abu Itiwi, a Hamas commander who participated in the October 7 massacre. "Abu Itiwi was caught on video participating in the murder and kidnapping of Israelis near Kibbutz Re'im," Sa'ar said.
Sa'ar also denounced UN Secretary-General Antonio Guterres, claiming he had failed to act despite repeated Israeli warnings about UNRWA's ties to terrorism. "He knew what was happening at UNRWA before and after October 7, yet he did nothing to prevent the atrocities," Sa'ar said. "He continues to whitewash the crimes of UNRWA and its terrorist employees," Sa'ar said.
The ICJ hearings focus on Israel's obligations to facilitate humanitarian aid for Palestinians in Gaza, following a UN General Assembly request. However, Sa'ar argued that this was the latest in a series of biased actions by the UN and its institutions against Israel, labeling the UN as "rotten, anti-Israel, and anti-Semitic." He accused the international body of systematically undermining Israel's right to defend itself, pointing to previous ICJ rulings that targeted Israel's actions following the October 7 Hamas attack.
"This is the fourth proceeding against Israel in the court since the October 7 massacre," Sa'ar noted, recounting earlier cases aimed at criminalizing Israeli actions. "First, they spread blood libels accusing Israel of genocide. Then, they attempted to block Israel's right to acquire arms for self-defense, followed by a ruling against Israel's historic claim to its land. And now, they want to force us to cooperate with an organization infiltrated by terrorists."
Sa'ar also highlighted the potential bias in the tribunal, referencing Nawaf Salam, the Lebanese prime minister and former ICJ president, who had previously called Israel an "enemy state." He questioned the fairness of a judge with such prejudices, asking, "Shouldn't a biased judge disqualify himself?"
UNRWA has been under fire with Israeli officials demanding the agency be stripped of its authority in Gaza and defunded amid revelations that members of the agency's staff participated in Hamas's October 7 attacks.
Palestinian refugees are the only refugee population with its own dedicated UN agency. The rest of the world's refugees fall under the mandate of the UN High Commissioner for Refugees. In early January, UN Watch, a Geneva-based watchdog organization, accused UNRWA of having an "unholy alliance" with Hamas and Palestinian Islamic Jihad. Its 55-page report accused Philippe Lazzarini, UNRWA's Commissioner-General, and his colleagues of enabling infiltration by Hamas and other terror groups.
According to the report, over 10 per cent of UNRWA's senior educators in Gaza are members of Hamas or Palestinian Islamic Jihad. Israeli authorities have also alleged that hundreds of UNRWA's 13,000 Gazan employees, including teachers, are active members of Hamas. It also found that the terror groups influenced UNRWA policies, indoctrinated Palestinian children through agency schools, and established military infrastructure near UNRWA's Gaza facilities.
More than 100 survivors of Hamas's October 7 attacks filed a USD 1 billion lawsuit against UNRWA in June, accusing the agency of "aiding and abetting" the terror group. According to the suit, the lead plaintiff, 84-year-old Ditza Heiman of Kibbutz Nir Oz, was held captive for seven weeks in the home of a Palestinian man who said he was a UNRWA teacher at a boy's school. The suit also alleges that UNRWA enacted an employee payment scheme to benefit Hamas in violation of UN protocols.
At least 1,180 people were killed, and 252 Israelis and foreigners were taken hostage in Hamas's attacks on Israeli communities near the Gaza border on October 7. Of the 59 remaining hostages, 36 are believed to be dead.