A dispute has emerged at the highest levels over changes to the IDF’s plan for distributing humanitarian aid, as Prime Minister Netanyahu and several ministers demanded revisions in the army’s humanitarian aid policy, during a limited discussion on Sunday, Amir Ettinger and Yuval Segev reported on Telegram on Tuesday.
In response, IDF Chief of Staff Eyal Zamir asserted that the legal position presented to him by the IDF’s chief prosecutor did not permit the proposed changes, citing restrictions under international law.
In a discussion attended by Prime Minister Netanyahu, Ministers Israel Katz, Bezalel Smotrich, Gideon Saar, and the Chief of Staff, the ministers demanded that humanitarian aid be distributed only in areas designated and controlled by the IDF, effectively relocating the population to the southern Gaza Strip. However, Chief of Staff Zamir responded that the IDF’s legal position required aid also to be distributed in other areas if civilian populations remain there and are not evacuated, under international law.
The ministers countered that distributing aid in areas not under IDF control effectively serves as a logistical supply to Hamas, as evidenced throughout the war, and argued that their demand did not violate international law, since they were not denying aid to civilians but merely defining the areas to which they can evacuate.
In a previous discussion, Netanyahu remarked, “In areas that we define and control, as far as I’m concerned, they can even distribute Ben & Jerry’s ice cream.”
National Security Minister Itamar Ben Gvir presented the meeting with a detailed legal opinion arguing that Israel is not obligated under international law to bring humanitarian aid into Gaza. The opinion, drafted by attorney David Peter at Ben Gvir’s request, directly contradicts the position of Attorney General Gali Baharav-Miara and the IDF’s legal counsel, who maintain that Israel is obligated to provide aid throughout Gaza, wherever civilians remain.
Peter’s opinion includes the following key points: Under international law, a belligerent state is not obligated to provide humanitarian aid directly to enemy territory. However, it must permit the transfer of such aid from third parties to the civilian population within that territory—provided that the aid does not benefit the enemy, is subject to effective monitoring, and does not offer military or economic advantage to the opposing side, as outlined in Article 23 of the Fourth Geneva Convention. Additionally, the departure of uninvolved civilians seeking to leave areas of active conflict or siege should not be obstructed.
Ben Gvir added: “I believe this is a correct and sincere legal opinion. Attorney David Peter is not the only legal expert who supports the points outlined in it. I think this perspective is necessary on the global stage, and it should be adopted as the official position of the State of Israel.”
