Int'l Court to hold historic hearings on legality of Israel's occupation

The Peace Palace in The Hague, Netherlands. The International Court of Justice on Monday is to begin six days of hearings on the legality of Isreal’s occupation of Palestinian land by Guus Shoonewille/EPA

Feb. 19 (UPI) — The United Nations’ highest court is set to open a week of public hearings Monday on the legality of Israel’s near six-decade occupation of Palestinian territory amid the Middle Eastern country’s war against Iran-backed Hamas in the Gaza Strip.

The historic six days of hearings at the International Court of Justice in The Hague are to run through this week and end on Feb. 26, with more than 50 nations and three international organizations expected to speak, starting with the State of Palestine on Monday.

Though occurring during Israel’s war in Gaza, which began in early October, the court hearings are the result of a resolution adopted by the United Nations General Assembly on Dec. 30, 2022, that asks the court to give an advisory opinion on the matter.

The 15 international judges are tasked with answering two questions: What are the legal consequences of Israel’s ongoing violation of the Palestinians’ right to self-determination by its occupation, settlement and annexation of Palestinian territory since 1967? And, how do Israel’s policies and practices affect the legal status of the occupation and what are the legal consequences for all countries and the United Nations?

The 15 judges of the International Court of Justice will hear six days of oral arguments concerning the legality of Israel’s occupation of Palestinian land starting Monday. File Photo by International Justice of Court/UPI by International Justice of Court/UPI

Its response, though non-binding, will have great symbolic meaning and could become integrated into international law.

The request for an advisory opinion followed a U.N. Human Rights Council-commissioned report published in October of 2022, which was led by South Africa, that found “reasonable grounds” to conclude that Israel’s occupation of Palestinian territory was illegal under international law “due to its permanence and the Israeli government’s de facto annexation policies.”

According to the report, occupation of territory in wartime is only temporary and must not deprive the occupied power of its statehood. The commission found while reviewing Israeli policies and actions used to maintain occupation by force that “Israel incurs international responsibilities and remains accountable for violations of the rights of the Palestinians individually and as a people.”

Israel has argued that the issue is outside the court’s jurisdiction and its foreign ministry lambasted the U.N.-commissioned report as “partial,” “biased” and “disqualified by its hatred for the State of Israel.”

The Middle Eastern country has been waging war for 135 days now against Hamas in the Palestinian enclave of Gaza since Oct. 7 when the Iran proxy militia launched a surprise and bloody attack that killed some 1,200 Israelis and saw another 240 kidnapped.

Prime Minister Benjamin Netanyahu has vowed that the war will continue until “total victory” is achieved, which includes the destruction of Hamas, the release of all remaining hostages and the assurance “that Gaza doesn’t pose a threat to Israel in the future.”

As the war continues, the Palestinian death toll climbs. As of Sunday, nearly 29,000 Palestinians, mostly women and children have been killed, and another nearly 69,000 have been injured, according to the Palestinian Ministry of Health.

As more Palestinians are killed, Israel has come under increasing international criticism, and the International Court of Justice announced Oct. 23 that it had decided to hold public hearings on the questions asked in the late 2022 U.N. resolution.

Fifty-two nations and three international organizations are expected to speak during the hearings, which Human Rights Watch said was “an unprecedented number.”

“The International Court of Justice is set for the first time to broadly consider the legal consequences of Israel’s nearly six-decades-long occupation and mistreatment of the Palestinian people,” Clive Baldwin, senior legal adviser at Human Rights Watch, said in a statement.

“Governments that are presenting their arguments to the court should seize these landmark hearings to highlight the grave abuses Israeli authorities are committing against Palestinians, including the crimes against humanity of apartheid and persecution.”

The case opens after the International Court of Justice in late January held a genocide trial on the ongoing war. Though it did not issue a verdict on the charges of genocide, it did order Israel to take steps to end atrocities it was committing in Gaza.

The International Criminal Court has also announced its intent to investigate war crimes committed in both Israel and Gaza.