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The International Court of Justice in The Hague, on Monday, will begin the hearings on the legal consequences of Israel’s ‘occupation’ of Palestinian territories. Over 50 states are due to present their arguments before the judges during this period. Palestinian Foreign Minister Riyad al-Maliki will speak first in the legal proceedings at the top court. During the 6-day historic hearing, the court will examine the 57-year occupation of lands designated for Palestine state.
Among the countries that will participate during the hearing are the United States – which is Israel’s strongest supporter, China, Russia, Egypt and South Africa. While Israel itself will not participate, it has sent over its written observations.
In the past Israel has ignored such opinions, however, it is likely that political pressure may pile on amid the ongoing war in Gaza, which has led to the death of nearly 29,000 Palestinians since October 7, according to Gaza health officials.
This comes amid Israel’s continued assault on Gaza, following October 7 attack by Hamas in Israel, which killed 1,200 people, and Israel’s military response.
These hearings also occur against the backdrop of increasing concerns regarding an Israeli ground offensive against the Gaza city of Rafah. The city serves as a final sanctuary for over a million Palestinians who have sought refuge in the southern part of the enclave to escape Israeli offensives.
In the 1967 war, Israel seized control of the West Bank, Gaza Strip and East Jerusalem — regions of historic Palestine which the Palestinians aspire to have as a part of their own state. Although Israel withdrew from Gaza in 2005, along with neighbouring Egypt, it still controls its borders.
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The Palestinian legal teams asserted on Wednesday that Israel has breached the prohibition on territorial conquest by annexing significant portions of occupied land. They further argued that Israel’s actions have infringed upon the Palestinians’ right to self-determination and have established a system of racial discrimination and apartheid.
“We want to hear new words from the court,” said Omar Awadallah, the head of the UN organisations department in the Palestinian Foreign Ministry, according to the Associated Press.
“They’ve had to consider the word genocide in the South Africa case,” he said, referring to a separate case before the court. “Now we want them to consider apartheid”, he added.
Judges have now been asked to review Israel’s “occupation, settlement and annexation…including measures aimed at altering the demographic composition, character and status of the Holy City of Jerusalem, and from its adoption of related discriminatory legislation and measures.”
According to Reuters, the General Assembly also asked the ICJ’s 15-judge panel to advise on how those policies and practices “affect the legal status of the occupation” and what legal consequences arise for all countries and the United Nations from this status.
The advisory opinion’s outcome would not hold legal binding force, but it would be deemed to carry substantial legal weight and moral authority, as stated by the ICJ.
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