{"id":5596,"date":"2026-03-31T09:15:00","date_gmt":"2026-03-31T14:15:00","guid":{"rendered":"https:\/\/medecinsdumonde.ca\/?post_type=actualite&p=5596"},"modified":"2026-10-02T04:27:11","modified_gmt":"2026-10-02T09:27:11","slug":"les-organisations-humanitaires-reaffirment-leur-decision-de-poursuivre-leur-recours-devant-la-cour-supreme-israelienne-a-lissue-de-la-recente-audience","status":"publish","type":"actualite","link":"https:\/\/medecinsdumonde.ca\/en\/article\/les-organisations-humanitaires-reaffirment-leur-decision-de-poursuivre-leur-recours-devant-la-cour-supreme-israelienne-a-lissue-de-la-recente-audience\/","title":{"rendered":"Humanitarian organizations reaffirm their decision to continue their appeal before the Israeli Supreme Court following the recent hearing."},"excerpt":{"rendered":"

Today, 18 members of a coalition of humanitarian organizations represented by the Association of International Development Agencies (AIDA) reaffirmed their decision to file a petition with the Israeli Supreme Court, following the hearing held earlier this week.<\/p>\n","protected":false},"featured_media":5600,"template":"","actualite_type":[10],"actualite_sujet":[],"action_combat":[42],"mdm_pays":[],"class_list":["post-5596","actualite","type-actualite","status-publish","has-post-thumbnail","hentry","actualite_type-international-actions","action_combat-humanitarian-crises"],"acf":{"mise_en_avant":false,"chapeau":"Today, 18 members of a coalition of humanitarian organizations represented by the Association of International Development Agencies (AIDA) reaffirmed their decision to file a petition with the Israeli Supreme Court, following the hearing held earlier this week.","cta_type":"aucun","cta_lien":"","contenu":"AIDA and several international NGOs active in the Occupied Palestinian Territory have filed the request. It follows the introduction of a new Israeli registration system<\/strong> that compromises dozens of international humanitarian organizations, including several AIDA members, by further restricting their capacity to operate in Israel and the Occupied Palestinian Territory. Although registration applications under the new system have been submitted, they remain pending due to demands for the transmission of confidential staff-related data.\n\nIn light of the serious consequences for humanitarian access, AIDA members are pursuing this legal process, as they believe this case raises essential questions that warrant thorough judicial review. During the hearing, the Court limited arguments to the narrow issue of data confidentiality, which prevented the petitioning organizations from presenting the broader legal and security concerns, including Israel\u2019s obligations as an occupying power and the legality of measures that could hinder humanitarian action.\n\nAIDA members expressed deep concern over the limited consideration given to these central issues during the hearing. Furthermore, the petitioning organizations and diplomats were not allowed to attend the hearing, while high-ranking Israeli government officials, their entourage, and other observers with no connection to the proceedings were permitted to enter and disrupt the hearing.\n\nThe State confirmed its demand for the transmission of confidential data<\/strong> for all staff in Gaza and the West Bank, regardless of any entry into Israel. In a context where hundreds of humanitarian workers have lost their lives, the forced transmission of sensitive data without clear guarantees, transparency, or usage restrictions poses a very real risk.\n\nMoreover, this transmission would contravene data protection standards<\/strong> and the legal obligations of many European Union organizations. This places the petitioning organizations in an impossible situation: complying with these requirements would mean failing in their legal obligations and duty of care, while non-compliance would likely result in their registration being denied.\n\n

The petitioning organizations emphasize their commitment to doing everything in their power to ensure the continuation of their operations in the Occupied Palestinian Territory and to continue providing assistance under registration with the Palestinian Authority.<\/h2>\n\nHowever, they fear that the loss of Israeli registration may further hinder their ability to operate across the territory at a time when humanitarian needs remain considerable. International NGOs are an integral part of the response. In Gaza, they provide more than half of the food aid, support most field hospitals, and deliver essential services such as access to shelter, water, sanitation, nutrition, mine action, and emergency education. Even when organizations held a valid registration certificate, NGOs have seen their ability to transport goods to Gaza hindered for over a year, and their request to deploy international staff in the Gaza Strip during the ceasefire was denied. Any further restriction of operational access would have consequences that are as predictable as they are devastating for civilians.\n\nConditions are catastrophic in Gaza, and the situation is deteriorating in the West Bank with an escalation of violence by settlers, displacements, and access restrictions.<\/strong>\n\nGiven these circumstances, humanitarian access must expand rather than diminish.\n\n

AIDA and the petitioning members urge the Israeli government to review and adjust the current registration procedures so that they do not hinder humanitarian aid. They also call on donor countries to use all diplomatic, political, and legal means at their disposal to demand the suspension and reversal of measures that restrict humanitarian access.<\/h2>\n\n

NOTE TO EDITORS ON INTERNATIONAL LAW, INCLUDING IHL, AND THE EU-ISRAEL ASSOCIATION AGREEMENT<\/h3>\n
    \n
  • As the Occupying Power, Israel is bound by the Fourth Geneva Convention, which imposes a positive obligation to accept and facilitate relief actions for the protected population (see in particular Articles 59 and 63).<\/li>\n
  • Within this framework, organizations must be allowed to carry out their activities in accordance with their humanitarian functions, and the Occupying Power cannot impose changes to personnel or structure that could prejudice these activities.<\/li>\n
  • Measures conditioning the presence or operations of humanitarian organizations on the transmission of sensitive personal data are contrary to this legal framework. Such measures transform the duty to facilitate humanitarian aid into a control mechanism, which is not in line with international humanitarian law.<\/li>\n
  • Furthermore, under international law, the State of Palestine holds sovereign authority to invite, authorize, and supervise humanitarian and development aid on its territory. This authority is not extinguished by occupation; on the contrary, it continues to be exercised in parallel with the authority of the occupying power and limits its scope. This is reflected in Annex III (Protocol on Civil Affairs) of the 1995 Interim Agreement between the State of Israel and the Palestine Liberation Organization (PLO), and was reaffirmed by Israel in its brief submitted to the International Court of Justice in the 2025 advisory proceedings on the presence and activities of international organizations.<\/li>\n
  • As affirmed by the International Court of Justice in its 2024 and 2025 advisory opinions, occupation does not confer sovereignty or ownership, does not supplant the sovereign powers of the occupied state, and does not authorize the restructuring of the humanitarian space in disregard of the will and needs of the occupied population. Israel\u2019s claims to unilaterally exclude organizations invited by Palestinian authorities or to dictate the conditions of their action independently of Palestinian consent are difficult to reconcile with the peremptory norms of international law, including the right to self-determination.<\/li>\n
  • Article 2 of the EU-Israel Association Agreement elevates respect for human rights and democratic principles to the status of an \"essential element\" of the relationship. When a partner state adopts measures that compel entities based in the European Union to violate EU regulations, including fundamental data protection obligations under the General Data Protection Regulation (GDPR), this raises a question regarding compliance with the normative foundation of the agreement.<\/li>\n
  • Under Chapters 2 and 4 of the GDPR, international NGOs established in the EU are required to ensure that any transfer of personal data is legal, necessary, proportionate, and accompanied by appropriate safeguards. Article 48 of the GDPR explicitly states that any disclosure made under administrative measures from a third country must be based on an international agreement or, failing that, comply with EU law. A unilateral demand based on the threat of exclusion from humanitarian operations does not meet this criterion.<\/li>\n
  • Placing EU entities in a position where compliance with one legal regime requires violating another constitutes, from the EU\u2019s perspective, an interference with the effectiveness of European law. This interference directly affects the principle of good faith in the execution of treaties, as codified in the Vienna Convention on the Law of Treaties, Articles 26 and 27. Parties must execute treaties in good faith and cannot invoke their domestic law to justify non-compliance with their obligations. While Israel is not obligated to comply with EU law as such, it is bound, under the Association Agreement, to act in a manner that does not contravene the spirit or objective of the treaty and that does not render the legal obligations of its partner inapplicable in practice. Measures that systematically compel actors subject to EU law to place themselves in a position of non-compliance with it, as a condition for accessing the occupied territory to carry out humanitarian action, risk crossing this line.<\/li>\n<\/ul>","temps_lecture":7,"legende_couverture":"","signature_nom":"Doctors of the World Canada","signature_role":"","signature_initiales":"MdM","signature_avatar":"","communique_lien":[],"communique_libelle":"","encadre_titre":"Key Information","encadre_texte":"","partenaires_titre":"With the support of","partenaires":null,"reseaux_partage":["facebook","twitter","linkedin","email","copy"],"evenement_date":null,"evenement_type":"","evenement_lieu":"","evenement_inscription":"","presse_afficher":false,"presse_surtitre":"Press Release"},"_links":{"self":[{"href":"https:\/\/medecinsdumonde.ca\/en\/wp-json\/wp\/v2\/actualite\/5596","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/medecinsdumonde.ca\/en\/wp-json\/wp\/v2\/actualite"}],"about":[{"href":"https:\/\/medecinsdumonde.ca\/en\/wp-json\/wp\/v2\/types\/actualite"}],"version-history":[{"count":1,"href":"https:\/\/medecinsdumonde.ca\/en\/wp-json\/wp\/v2\/actualite\/5596\/revisions"}],"predecessor-version":[{"id":5601,"href":"https:\/\/medecinsdumonde.ca\/en\/wp-json\/wp\/v2\/actualite\/5596\/revisions\/5601"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/medecinsdumonde.ca\/en\/wp-json\/wp\/v2\/media\/5600"}],"wp:attachment":[{"href":"https:\/\/medecinsdumonde.ca\/en\/wp-json\/wp\/v2\/media?parent=5596"}],"wp:term":[{"taxonomy":"actualite_type","embeddable":true,"href":"https:\/\/medecinsdumonde.ca\/en\/wp-json\/wp\/v2\/actualite_type?post=5596"},{"taxonomy":"actualite_sujet","embeddable":true,"href":"https:\/\/medecinsdumonde.ca\/en\/wp-json\/wp\/v2\/actualite_sujet?post=5596"},{"taxonomy":"action_combat","embeddable":true,"href":"https:\/\/medecinsdumonde.ca\/en\/wp-json\/wp\/v2\/action_combat?post=5596"},{"taxonomy":"mdm_pays","embeddable":true,"href":"https:\/\/medecinsdumonde.ca\/en\/wp-json\/wp\/v2\/mdm_pays?post=5596"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}