The Hague: ICC orders Israel to open humanitarian corridors into Gaza

The International Criminal Court in The Hague issued on Wednesday evening an order requiring the State of Israel to open additional crossings for humanitarian aid into the Gaza Strip within fourteen days. The order concerns the Rafah, Kerem Shalom and Erez crossings, which over the past two weeks have operated at less than thirty percent of nominal capacity.

The court ruling comes as the UN General Assembly prepares a resolution on the establishment of an independent mechanism to monitor compliance with humanitarian orders. For Serbia, which holds a position of measured neutrality in the UN system and which joined a 27 country statement in March on the need for uninterrupted humanitarian access, this is a test of diplomatic consistency.

Legal framework and the duty to comply

The court invoked Article 41 of its Statute and the obligation of member states to act on provisional measures. Israel is not a signatory of the Rome Statute, but it is bound by general norms of international humanitarian law and by UN Security Council decisions.

In a written statement from the office in Tel Aviv, the cabinet of Prime Minister Benjamin Netanyahu said the government will “consider” the order, but reserves the right to security checks on convoys. The Israeli Foreign Ministry announced a legal defence before the General Assembly.

The court’s order is an enforceable obligation under customary international law, regardless of the status of ratification of the Rome Statute, UN High Commissioner for Human Rights spokesperson Liz Throssell said in Geneva.

Response from European institutions

EU High Representative Kaja Kallas has called an emergency session of the Foreign Affairs Council for Friday. The agenda covers the instruments of pressure the EU can activate if Israel fails to comply with the order within the deadline.

Measures under discussion in Brussels include:

• partial suspension of the EU and Israel Association Agreement
• a review of trade preferences for settlements in the West Bank
• restrictions on participation in Horizon Europe research programmes
• strengthening the mandate of the EU’s special envoy for the Middle East peace process

European Commission President Ursula von der Leyen said on Tuesday that the instruments of pressure will be presented to the European Council in June, at the summit of heads of state and government in Brussels.

Serbian position and regional implications

The Serbian Foreign Ministry issued a short statement on Wednesday evening recalling the obligation to respect international humanitarian law and calling for compliance with the order. The statement does not refer to the court by name, reflecting Belgrade’s careful diplomatic phrasing.

For Serbia this is also a question of consistency in its stance toward universal judicial bodies, since Belgrade simultaneously seeks the application of a similar principle in cases concerning Kosovo and Metohija and war crimes before the Hague tribunals. The diplomatic channel with Tel Aviv remains open, but restraint in public reaction is expected before the June EU summit.

What comes after the deadline

The fourteen day deadline expires on June 12. If Israel fails to comply with the order, the UN General Assembly will consider a resolution activating a monitoring mechanism, covering independent observer reporting missions at the crossings and quarterly reports to the Security Council.

Diplomatic sources in Brussels say several EU members, including France, Belgium and Ireland, have already signalled readiness to support the resolution, while Hungary and Austria have expressed reservations. Germany’s position under Chancellor Friedrich Merz remains carefully framed, focused on the humanitarian aspect without direct condemnation of security operations.

Will Tel Aviv meet the deadline and open the requested crossings, or will the UN General Assembly have to move to monitoring compliance?