Israel and the Occupied Palestinian Territories in 2023-25: UN, ICC and ICJ statements and actions

On 7 October 2023, the Palestinian group Hamas, officially designated a terrorist group by many countries including Israel, the United States, the European Union, and the United Kingdom, commenced an armed assault against Israel. It launched several thousand rockets into Israel and conducted attacks in border areas, killing more than 1,200 civilians, and taking 254 hostages, as part of what it called “Operation Al-Aqsa Flood”.

In response, in October 2023 Israel conducted air strikes against Hamas in Gaza and launched a ground attack to “destroy Hamas’ governing and military capabilities and to bring the hostages home”. Fighting in Gaza is ongoing. Hamas continued to fire rockets into Israel after 7 October.

This briefing describes the actions and response to events in Israel and the Occupied Palestinian Territories (OPTs) by the United Nations Security Council (UNSC), the International Court of Justice (ICJ), and the International Criminal Court (ICC).

The Commons Library collection Middle East instability in 2023-25 provides more on the region, including the Israel-Hezbollah conflict, Houthi attacks on shipping in the Red Sea, the humanitarian situation in Gaza and Lebanon, and the actions and response of the UK, UN, and others in 2023-25.

UN Security Council resolutions 

The United Nations Security Council (UNSC) has primary responsibility in the UN for maintaining international peace and security. It comprises ten elected members and five permanent members. Each of the five permanent members (the United States, UK, France, China and Russia) have a veto over UNSC resolutions.

Resolutions of the UNSC require 9 of the Councils’ 15 members to vote in favour with no vetoes by the permanent members. Since October 2023 it has passed four binding resolutions on the Israel-Hamas conflict:

• 15 November 2023: The resolution called for the immediate release of all hostages and for “urgent and extended humanitarian corridors” in Gaza. Russia, the UK, and the United States abstained.
• 22 December 2023: The resolution demanded an increase in aid. Russia and the United States abstained, and the UK supported it.
• 25 March 2024: The resolution “demand[ed]” an “immediate ceasefire” during Ramadan and the immediate release of hostages. All members voted in favour, except the US, which abstained and said that while the resolution should be implemented, argued it was “non-binding”. The UK said the resolution is binding and should be quickly implemented .
• 10 June 2024: The resolution notes a proposed three-phase resolution to the conflict, which the US reported Israel had agreed (Israel also confirmed it would not end its military operations until Hamas is destroyed). The resolution calls on Hamas to endorse the plan and “urges” its implementation. All voted in favour, except Russia.

Israel has criticised the resolutions and argued that the resolution passed in March 2024 “gives Hamas hope” the UNSC would enable a ceasefire without the release of hostages. The Palestinian Authority has called for an “immediate ceasefire, humanitarian assistance at scale, and no forced displacement [from Gaza]”. Negotiations for the release of hostages and pause in fighting are ongoing and are being facilitated by Egypt and Qatar.

On 18 April 2024 the US vetoed a UNSC resolution recognising a Palestinian state through full UN membership. The UK abstained, arguing “we must keep our focus on securing an immediate pause” in fighting.  

UN General Assembly resolutions 

The United Nations General Assembly (UNGA) comprises all members of the UN. Its resolutions are non-binding. UNGA has held six votes on the Israel-Hamas conflict:

• 27 October 2023: the UNGA backed a resolution for an “immediate, durable and sustained humanitarian truce leading to a cessation of hostilities”. The UK abstained and said the resolution “could have been clearer” on condemning Hamas.
• 12 December 2023: the UNGA backed a resolution “demanding” the release of hostages, an immediate humanitarian ceasefire, and for all parties to comply with international humanitarian law. The UK voted against, citing a lack of condemnation of Hamas.
• 18 September 2024: the UNGA backed a resolution that recalled the ICJ advisory opinion of July 2024 (see below), which, among other elements, included determinations that Israel’s continued occupation of the Occupied Palestinian Territories (OPTs) was illegal. The UK said it abstained as it did not have “sufficient clarity” to advance a two-state solution. The UK also said it was its “clear view” that “Israel should bring to an end its presence in the OPTs as rapidly as possible”.
• 11 December 2024: the UNGA voted in favour of two separate resolutions, one in support of UNRWA and the other calling for an immediate ceasefire and release of hostages. The UK voted in favour of both resolutions.
• 19 December 2024: UNGA voted in favour of a resolution to refer the question of Israel’s obligations towards UN agencies and organisations (including UNRWA) to the ICJ. The UK voted in favour.

The Israeli Foreign Ministry said the September 2024 vote was a “distorted decision” that “encourages terrorism and harms the chances of peace”.

Palestinian UN membership

An UNGA vote in 2012 had given “non-member observer state” status to the Palestine Liberation Organization, a coalition recognised by the Arab League and the UN as the sole representative of Palestinians. The status means the Palestinian Authority can send a representative to the UN on behalf of the “State of Palestine” to participate in its proceedings, but not vote.

In April 2024, the UNSC voted on a resolution recommending the “State of Palestine be admitted to membership in the UN”. The US vetoed the move. The UK abstained, saying “we must keep our focus on securing an immediate pause in order to get aid in and hostages out”. The Israeli Government criticised proposed membership as a “prize for terrorism”.

In May 2024, the UNGA passed a resolution to upgrade the status of the observer mission (there is no veto on these votes). This included having the right to co-sponsor proposals and to introduce them. The Assembly also recommended that the UNSC reconsider granting full Palestinian membership.

International Court of Justice 2024 case

The International Court of Justice (ICJ) is one of the principal organs of the UN. It settles disputes between UN member countries and provides advisory opinions on legal questions that have been referred to it by other authorized UN organs.

In January 2024, the ICJ issued preliminary (emergency) measures on a case brought against Israel by South Africa alleging Israel was breaching its obligations under the Genocide Convention (PDF). The case will likely last several years.

The ICJ did not order a ceasefire, as requested by South Africa, but set out certain steps for Israel to take, including increasing humanitarian aid to Gaza and taking “all measures” to prevent the “commission of genocidal acts”. Israel argues the case is a “distort[ion]” of the convention. Both South Africa and the Palestinian Authority have said Israeli military operations must end.

On 28 March 2024, the ICJ issued further provisional measures reaffirming those issued in January and stating Israel should take all necessary and effective steps to ensure the “unhindered provision at scale” of humanitarian aid. The Israeli Government said it was working on new initiatives and the expansion of existing ones to further the flow of aid into Gaza.

On 24 May, the ICJ issued additional measures following Israeli military operations in the Rafah governorate. Among the measures were that the Rafah crossing, closed since 8 May 2024, should be reopened to aid. There is disagreement, however, based on the wording of the order on whether the ICJ required Israel to now halt all its military actions, or those actions which may inflict the physical destruction, in whole or in part, of Palestinian civilians (Israel says it had not, and would not, conduct the latter offensive actions).

International Court of Justice 2022 case

In December 2022, the UN General Assembly requested an advisory opinion from the ICJ on Israeli occupation of the Occupied Palestinian Territories (OPTs). The ICJ issued its advisory opinion in July 2024. The advisory opinion said that Israel’s continuing presence in the OPTs was “unlawful” and should be ended as soon as possible. The Israeli Government criticised the ruling, and Prime Minister, Benjamin Netanyahu, said that the “legality of Israeli settlement in all the territories of our homeland cannot be contested”. Palestinian Authority President, Mahmoud Abbas, said Israel should be “compelled” to implement it.  

The UK Government said it “does not disagree with the central findings of the ICJ’s advisory opinion” and said that Israel should bring its presence in the OPTs to an end “as rapidly as possible”. The government added “we are clear that every effort must be made to create the conditions for negotiations towards a two-state solution”.

International Criminal Court and application for arrest warrants

The International Criminal Court (ICC) is separate to the UN and ICJ. While the ICJ brings cases against countries, the ICC is a criminal court that brings cases against individuals. It has no enforcement body, relying on member states to implement its decisions. Not all UN members are members of the ICC. While the UK is a member of the ICC, as is the “state of Palestine”, which joined in 2014, neither Israel nor the United States are members.

In May 2024, the prosecutor of the ICC, Karim Khan, announced he would apply to the court’s judges to issue warrants for the arrest of three Hamas and two Israeli leaders. These include the Israeli Prime Minister, Benjamin Netanyahu and then Defence Minister, Yoav Gallant. Two of the three Hamas leaders that the ICC prosecutor has requested warrants for have been killed. The third, Mohammed Diab Ibrahim Al-Masri, was reported killed by Israel in Gaza in July but this is unconfirmed.

In November 2024, the ICC pre-trial chamber said it would issue warrants for Benjamin Netanyahu, Yoav Gallant and Hamas leader Mohammed Diab Ibrahim Al-Masri. The ICC press release for the Israeli leaders and the ICC press release for the Hamas leader provide more information on the grounds for the decision.

Israel and the United States argue that the ICC has no jurisdiction in Israel. In November 2024, the ICC pre-trial chamber said that a challenge to its jurisdiction in the case of the warrants was premature and can be considered at a later stage. Politicians from across the Israeli political spectrum have criticised the decision to issue warrants, and Israel’s Attorney General says they will challenge it. The Palestinian Authority has welcomed the ICC decision against Israel.

UK Foreign Secretary, David Lammy, said in July 2024 that the decision on whether to issue warrants was an issue for “judges and judiciary”.

Following the ICC decision in November, the Minister for the Middle East, Hamish Falconer, said the government would adhere to international law. He said that the enforcement of any warrants in the UK would be a decision for UK courts, not the government.

The Shadow Foreign Secretary, Dame Priti Patel, says the government should challenge the ICC decision. The Conservative government, led by Rishi Sunak, had planned to submit a request to the ICC to determine its jurisdiction over Israeli nationals, but did not submit this before a change in the UK Government in July 2024.

Update log

January 2025: Updated proceedings at the UN General Assembly and International Court of Justice