The United Nations’ top court is set to issue a landmark opinion on the legal consequences of Israel’s occupation of Palestinian territories.
The International Court of Justice (ICJ), headquartered in The Hague, Netherlands, has been reviewing the issue since early last year, At the request of the United Nations General Assembly.
The court was specifically asked to express its opinion on Israel’s policies and practices towards the Palestinians and on the legal status of the occupation. Depending on its findings, this may mark the first time the ICJ has taken a position on whether the 57-year-old occupation is illegal.
In such cases, the court issues an advisory opinion, which is not legally binding but still carries important political weight.
In the 1967 Middle East War, Israel occupied the West Bank, East Jerusalem and the Gaza Strip. It withdrew its troops and settlers from Gaza in 2005, retaining control of its airspace, common border and coastline. Despite the withdrawal, the United Nations still considers Gaza part of the occupied territory.
As the occupying power, Israel’s actions in the West Bank, East Jerusalem and Gaza are subject to a detailed set of rules under international law governing the occupation, designed to protect occupied civilians.
Before the hearings began in February this year, Israel issued a statement saying it did not recognize the “legitimacy of the discussions” at the ICJ. It described the move by the Palestinian state at the United Nations as “part of the Palestinian attempt to determine the outcome of a political settlement” [of the Israel-Palestinian conflict] No need to negotiate”.
It refused to participate in the oral hearing and submitted a written statement instead. About 52 countries expressed their opinionsan overwhelming majority claimed that the occupation was illegal and urged the International Court of Justice to declare it illegal.
Israel’s closest ally, the United States, called on the International Court of Justice to “carefully tailor its recommendations” and refrain from issuing opinions that “call for Israel’s unilateral, immediate, and unconditional withdrawal of its troops without taking into account Israel’s legitimate security needs.”
The Palestinian Authority foreign minister told the court that his people endured “colonialism and apartheid”.
“Israel’s long-term, ongoing occupation of Palestine is aimed at… the total disappearance of Palestine and the destruction of the Palestinian people,” he said.
International lawyer Philippe Sands, a member of the Palestinian legal team, told the BBC: “In terms of the legal outcome and the solution that ultimately has to be found, it’s [ICJ case] Significant.
If the ICJ does issue an advisory opinion, it is submitted to the United Nations General Assembly, which decides how to respond, including the option of adopting a resolution. This will be significant and may serve as a catalyst for negotiations and set the legal parameters for future negotiated settlements.
If the court decides that Israel’s occupation is illegal, it will tell all United Nations agencies and countries that they must not take any action to support or contribute to the current situation.
Such a ruling could have far-reaching trade implications, but most importantly the implications for Israel’s legitimacy to remain in the West Bank and East Jerusalem.
Israel claims sovereignty over all of Jerusalem and considers it to be its undivided capital, but this is not accepted by the vast majority of the international community. It has also built some 160 settlements in the West Bank and East Jerusalem, housing some 700,000 Jews. The settlements are considered illegal under international law, but Israel disputes this.
The case heard by the ICJ on Friday is separate from another ongoing case brought before the court by South Africa, which accuses Israel of committing genocide against Palestinians in the Gaza war.
