The International Court of Justice will begin hearings on Monday in a case against Israel’s occupation of the Palestinian territories, barely a month after issuing a series of instructions to Tel Aviv in a separate case in which it is accused of acts of genocide in the Gaza Strip.
In a first-of-its-kind affair, at least 52 countries will present arguments on controversial Israeli policies in the West Bank, Gaza Strip and occupied East Jerusalem. This is the largest number of parties participating in an ICJ case since the creation of the Court in 1945.
Since 1967, Israeli authorities have illegally occupied the West Bank and East Jerusalem – part of Palestine as part of the division of historic Palestine determined by the United Nations in 1948 – applying a system that restricts Palestinian citizenship rights , hinders their free movement and robs them. of ancestral lands. Between 1967 and 2005, Israel also directly occupied Gaza and, since 2007, has imposed a land, sea and air blockade on the coastal enclave. It decides what food, water, medicine, fuel, construction materials and other products can enter Gaza and stops their flow when it wants.
Even as the war on Gaza enters its fifth month, Palestinians in the West Bank are facing increasing attacks from Israeli forces, leaving hundreds dead.
In a statement last week, the ICJ said oral arguments in the case would last about a week, during which all countries, as well as three international organizations, would have to explain why they support or oppose the Israeli measures. Tel Aviv declined to present its proposal, choosing instead to submit a written argument. A court decision is likely in several months.
Here’s everything you need to know about the case:
Who filed a complaint against Israel?
The case was triggered by a request from the United Nations General Assembly (UNGA) on December 30, 2022, when a majority of its members voted to seek the Court’s opinion on the legal consequences of continuing the Israeli occupation of Palestine. Arab countries, Russia and China voted in favor of the move, while Israel, the United States, Germany and 24 others voted against.
During the Six-Day War in 1967, Israel occupied East Jerusalem and the West Bank, which were formerly under Jordanian control and had a majority Arab population. Most countries and the UN still view occupied East Jerusalem as the capital of a future Palestinian state and view the Israeli occupation as illegal under international law.
In a lengthy missive to the ICJ, signed by UN Secretary-General Antonio Guterres, the UNGA asked the judges to answer questions about how the rights of Palestinians are affected by the occupation and continued attempts to displace them, as well as the responsibilities of the Palestinians. the UN and its member states were faced with these violations.
“What are the legal consequences… of Israel’s continued violation of the right of the Palestinian people to self-determination, its prolonged occupation, colonization and annexation… aimed at altering the demographic composition, character and status of the Holy city of Jerusalem? , and the adoption of related discriminatory laws and measures? » asked the UNGA missive.
The UNGA asked the court to answer these questions using a combination of international humanitarian laws, as well as the UN Charter and various UN resolutions. According to Human Rights Watch, Israel’s policies in the occupied territories amount to apartheid and persecution, two crimes against humanity.
The Hague-based court hears and judges interstate cases, and this is the second time it will rule on Israel’s illegal occupation. In 2004, the ICJ ruled that the Israeli “barrier” in the West Bank that separates many Palestinian families was illegal and should be dismantled. However, Israel rejected this decision and has since extended the wall.
Which countries will participate?
The oral hearings will last from Monday February 19 to Monday February 26.
In total, 52 countries – around 10 per day – will present their arguments to ICJ judges throughout the week. A majority of them initially voted in favor of the UN’s decision to refer the matter to the ICJ. A few, like Canada, voted against, while Switzerland abstained.
Legal teams representing the State of Palestine will begin hearings on Monday. On Tuesday, South African and Canadian teams will be among the speakers. The United States, China and Russia will speak between Wednesday and Thursday, while the Maldives will conclude the final presentation.
Three multilateral organizations will also present their arguments during the procedure: the League of Arab States, the Organization of Islamic Cooperation and the African Union.
So this is different from South Africa’s case against Israel at the ICJ?
It is. This case is separate from another ICJ case filed by South Africa on December 29, which alleges that Israel is committing the crime of genocide in Gaza as part of its ongoing war against the Gaza Strip.
In a preliminary ruling in the case, the court ordered Israel to prevent and punish incitement to genocide and provide necessary humanitarian assistance by February 26.
The case, whose hearings begin Monday, is not directly related to Israel’s current war in Gaza, although it raises numerous concerns of violations of international law that link Tel Aviv’s approach to with regard to all Palestinian territories.
What could the court’s decision be?
The ICJ is made up of 15 judges from different regions of the world, elected by the UNGA for a nine-year term. Justice Nawaf Salam of Lebanon is currently president.
Judges will listen to detailed presentations and then issue a written opinion. It is unclear when the opinion will be published, but the ICJ’s processes are laborious and generally time-consuming. Some legal experts believe this opinion could surface before the end of the year.
It is difficult to predict what exactly the court’s opinion will be in this case, or even how the opinion will be formulated. The ICJ has ruled against Israel in the past, including on the West Bank wall in 2004, as well as the recent interim measures issued in January, which many experts believe Israel can only adhere to by effectively ending its war against Gaza.
However, when it appears, the court’s opinion will not be binding on the Security Council or Israel, meaning it will not need to be implemented. However, experts say an ICJ opinion carries considerable weight and could increase pressure on Israel and its staunchest ally, the United States, to comply with international law.
