International Court of Justice to hold hearings on legality of Israeli occupation of Palestinian-claimed lands

International Court of Justice to hold hearings on legality of Israeli occupation of Palestinian-claimed lands

NEW DELHI: The United Nations’ highest court, International Court of Justice (ICJ), will begin hearings on Monday to discuss the legal implications of Israel’s occupation of Palestinian territories since 1967.

52 countries will be presenting evidence before judges at the Peace Palace in The Hague. The UN General Assembly, in 2022, requested an advisory opinion from the ICJ regarding the legal consequences of Israel’s policies and practices in the Occupied Palestinian Territory, including East Jerusalem. However, the ICJ’s opinion will not be binding.

Israel is currently facing increasing international legal pressure because of the war in Gaza. These hearings are different from a case brought by South Africa against Israel of committing acts of genocide. ICJ ruled in that case, stating that Israel must take all necessary measures to prevent genocide and allow humanitarian aid into Gaza.

However, the court did not issue a ceasefire order. On Friday, the ICJ rejected South Africa’s request to impose additional measures on Israel but emphasized the importance of fully implementing the ruling.

The General Assembly has asked the ICJ to address two main questions.

Firstly, the court will examine the legal consequences of Israel’s continuous violation of the right of the Palestinian people to self-determination, including prolonged occupation, settlement, and annexation of Palestinian territories since 1967, as well as measures aimed at altering the demographic composition and character of Jerusalem.

In June 1967, Israel won a decisive victory in the Six-Day War, capturing the West Bank (including East Jerusalem) from Jordan, the Golan Heights from Syria, and the Gaza Strip and Sinai Peninsula from Egypt.

Israel subsequently began settling the seized Arab territories, which the UN later declared to be illegal. Under the 1979 peace agreement with Israel, Egypt regained control of the Sinai Peninsula.

Secondly, the ICJ will provide advice on how Israel’s actions affect the legal status of the occupation and the consequences for the UN and other countries. The court is expected to issue its ruling on this matter urgently, possibly by the end of the year.

While the ICJ’s judgments are binding in disputes between states, it has limited means of enforcing them. In this case, however, the opinion will not be binding, as stated by the court itself. Nonetheless, advisory opinions often carry significant moral and legal authority and can eventually become part of international law.

Israel has notably chosen not to participate in these hearings and has strongly condemned the UN’s request. Prime Minister Benjamin Netanyahu described it as “despicable” and “disgraceful”.

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