Principles of Humanitarian aid delivery: the example of violation (2)

Humanitarian aidPolicy and law

How did the GHF distribution mechanism violate the principle of Humanitarian aid delivery? 

Over 170 NGOs criticised the GHF model as a dehumanising and dangerous approach that was not neutral, impartial, or independent.

The distribution site of Humanitarian aid must be protected as a civilian object, and the organisation of aid delivery must ensure the safety of aid seekers.
This time, those basic principles were not respected, and the distribution site became a violent death site for aid seekers.

None of the distribution sites was located in northern Gaza, so that Palestinians living in the north needed to walk down to the south to seek aid.
This unbalanced location of aid distribution sites raised concerns about the political attempt of the forced displacement because the Israeli authority had repeatedly issued the evacuation order from the north to remove Palestinians from that area.

The privatised approach of the GHF falls outside the framework of a neutral humanitarian mechanism, leaving it unclear who bears legal responsibility: the GHF’s ​​funders? Or the countries that approved its registration?

Who takes responsibility for 2000+ deaths at the humanitarian aid delivery site?

[Column] Regular Food Distribution in a Refugee Camp

This is a snapshot of a regular food distribution in a refugee camp conducted by the World Food Programme (WFP).
Registered refugees receive a food basket once a month containing locally consumed foods, oil, and other items.
The distribution time and location were well-announced in advance, and the venue was well-managed and without confusion.

©Sayori Kobayashi

Was there any legal discussion about the operation of the GHF?

Yes, such discussions took place in Switzerland.
Because GHF was registered as a non-profit organisation in both the US and Switzerland, a Swiss NGO filed legal documents with Swiss authorities.
The timeline and discussions regarding GHF in Switzerland are as follows:

Action in Switzerland in 2025
  • June
    Legal submission

    After the major death incidents at the GHF distribution site in Gaza, TRIAL international, a non-government organisation based in Switzerland, filed legal submissions to the Federal Supervisory Authority and the Federal Department for Foreign Affairs in Switzerland.

  • July
    Dissolution

    The Swiss government ordered the dissolution of the GHF and the closure of its Geneva branch.

  • November
    Federal Council statement

    The statement of the Swiss Federal Council to the question from the Swiss politician, Rumy Farah, was as follows

    • Switzerland does not cooperate with the GHF because the GHF does not respect the humanitarian principles and violates international law.
    • Switzerland calls on all parties to respect the international humanitarian law.
    • The Federal Supervisory Authority for Foundations (ASF) ordered the dissolution of the Swiss subsidiary of GHF, based on the Swiss Civil Code.
    • Switzerland does not impose sanctions independently. Up to now, neither the UN nor the EU has imposed sanctions against the supporters of the GHF.

International law is legally binding, but it does not have the same centralised enforcement power as the domestic laws of individual countries.
It’s frustrating to see world leaders disregarding international law, to see it reduced to mere formality.

In cases like this one, where an organisation is found to have violated international law, one way to strengthen enforcement is to conduct a trial based on the domestic law of the country in which the organisation is registered.

References
– United Nations. The Question of Palestine. Killing of Civilians in Gaza Waiting in Line for Humanitarian Aid Must End, Relief Chief Tells Security Council, Urging Return to UN-Led Delivery Mechanism. 16 July 2025. https://www.un.org/unispal/document/security-council-press-release-16jul25/
– United Nations Human Rights Office of the High Commissioner. Press release. UN experts call for immediate dismantling of Gaza Humanitarian Foundation. 5 August 2025. https://www.ohchr.org/en/press-releases/2025/08/un-experts-call-immediate-dismantling-gaza-humanitarian-foundation
– Al Jazeera. US-backed GHF ‘aid mission’ in Gaza ends – a timeline of violence. 25 November 2025. https://www.aljazeera.com/news/2025/11/25/us-backed-ghf-aid-mission-in-gaza-ends-a-timeline-of-violence
– BBC. US-Israeli backed Gaza aid group must be shut down, say 170 charities. 2 July 2025. https://www.bbc.com/news/articles/cn5kk1w00xyo
– Human Rights Watch. Gaza: Israeli Killings of Palestinians Seeking Food Are War Crimes. 1 August 2025. https://www.hrw.org/news/2025/08/01/gaza-israeli-killings-of-palestinians-seeking-food-are-war-crimes
– MSF. Dozens of Palestinians massacred at US-Israel backed food distribution sites. 1 June 2025. https://www.msf.org/dozens-palestinians-massacred-us-israel-backed-food-distribution-sites

– Julia Emtseva. EJIL:Talk! Blog of the European Journal of International Law. Privatizing Aid: The Gaza Humanitarian Foundation Affair. June 4, 2025. https://www.ejiltalk.org/privatizing-aid-the-gaza-humanitarian-foundation-affair/
– Julia Emtseva. Lieber Institute. The ICJ Obligations of Israel Advisory Opinion – How Indispensable Is the UN After All? Nov 19, 2025. https://lieber.westpoint.edu/how-indispensable-un-after-all/

– Stop The Wall. The Illegality of GHF Operations and Legal Responsibilitieshttps://stopthewall.org/the-illegality-of-ghf-operations-and-legal-responsibilities/
– Trail International. Gaza Humanitarian Foundation’s Swiss Branch Given 30 Days to Comply with Swiss Law; Swiss Authorities Must Clarify Its Activities. 26 June 2025. https://trialinternational.org/latest-post/gaza-humanitarian-foundations-swiss-branch-given-30-days-to-comply-with-swiss-law-swiss-authorities-must-clarify-its-activities/
– Reuters. Swiss authorities launch proceedings to shut branch of U.S.-backed Gaza aid group. 2 July 2025. https://www.reuters.com/world/middle-east/swiss-move-dissolve-gaza-aid-delivery-groups-geneva-branch-2025-07-02/
– The federal Assembly- The Swiss Parliament. Fondation humanitaire de Gaza. Position et responsabilité de la Suisse. 26 November 2025. https://www.parlament.ch/en/ratsbetrieb/suche-curia-vista/geschaeft?AffairId=20254029

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