The International Court of Justice (ICJ), the United Nations’ principal legal tribunal, is expected to issue a groundbreaking ruling about the legality of Israel’s occupation of Palestinian territories. The court has deliberated on this matter since early last year following a request from the UN Assembly.
UNGA request
The Assembly specifically tasked the ICJ with evaluating Israeli policies toward Palestinians and providing a legal assessment of the occupation. Depending on what it finds, this could be ICJ’s first declaration on whether or not an occupation that has lasted 57 years is legal.
Advisory Opinion
Although advisory opinions are not legally binding, they carry great political weight.
Background History
In 1967, Israel captured East Jerusalem, the West Bank, and the Gaza Strip during the Six-Day War. While withdrawing its forces and settlers from Gaza in 2005. Israel retained control over Gaza’s airspace, territorial waters, and shared border. But even after this pullout, UNGA recognizes Gaza as part of occupied lands.
International Law
Israel must abide by international humanitarian law applicable to situations of belligerent occupation designed to protect residents against various acts or omissions that may endanger their safety or well-being while living under foreign military rule.
Israeli Position
Israel objected to “the legitimacy” of discussions at ICJ before hearings started in February, alleging that the move was meant by Palestinians to predetermine the outcome without direct talks between them. Rather than attending oral hearings, though, Israel submitted a written statement refusing participation altogether.
Global Perspectives
Approximately fifty-two countries gave their views, the majority which said that this was illegal but did not only ask if it were so but also urged ICJ to declare such occupation illegal. ‘Many nations’ including the USA, advised the court to “carefully calibrate its advice,” avoiding demanding immediate, unconditional withdrawal doesn’t take into account Israeli security needs, as suggested by Palestine being America’s closest ally, among others.
Palestinian Authority Stance
Palestinian foreign minister said occupation had become prolonged, having devastating consequences, calling it colonialism and apartheid, whose aim is to destroy Palestine completely while wiping out Palestinians from the face of the earth.
Legal Importance
Philippe Sands, who works for the Palestinian legal team. Stated that this particular case before the ICJ could have more profound effects in terms of legal outcomes or solutions. Than any other major international decision ever made.
Possible Results
If the ICJ issues an advisory opinion. It will be sent to the UN Court, which will decide what happens next, possibly through the adoption of a resolution. This might trigger fresh talks for settlement and establish the legal parameters thereof.
Implications if found illegal
Should the UN Court rule against legal? All UNGA and countries are expected to discontinue supporting and avoid contributing toward the status quo. Moreover, such judgment may lead to wide-ranging trade implications besides challenging Israel’s rationale behind being present in East Jerusalem as well as West Bank areas considered “illegally occupied.”
Israel’s Assertion
According to Israel, the whole of Jerusalem is its sovereign land and is considered as such, with an indivisible capital. But most countries do not agree with this claim. Additionally, Israel has built around 160 settlements in East Jerusalem and the West Bank. Where about 700 thousand Jewish settlers live. These settlements have been regarded as illegal under international law, a position that Israel contests.
Another Legal Matter
On Friday, the ICJ scheduled a separate hearing from the one currently being heard against South Africa. Which accuses Israel of committing genocide against Palestinians during the Gaza conflict.
