The International Court of Justice (ICJ) is set to deliver its view on the legal consequences of Israel’s occupation of Palestinian territories since 1967. This highly anticipated opinion comes at a time of heightened international pressure over the conflict in Gaza, particularly following the brutal attacks by Hamas on October 7.
The ICJ’s ruling, while non-binding, carries significant weight in the international community. The court will announce its findings at the opulent Peace Palace in The Hague, the seat of the ICJ. The request for an “advisory opinion” was made by the UN General Assembly in late 2022, seeking clarification on the legal implications of Israel’s policies and practices in the Occupied Palestinian Territory, including East Jerusalem.
During a week-long session held in February, the ICJ heard submissions from various countries, with the majority supporting the request for an opinion. Many speakers emphasized the need for Israel to end its decades-long occupation, citing the destabilizing impact it has on the region. However, the United States argued that Israel’s security concerns must also be taken into consideration.
Israel chose not to participate in the oral hearings but submitted a written contribution, criticizing the questions posed by the court as “prejudicial” and “tendentious.” The General Assembly tasked the ICJ with examining two key questions: the violation of the Palestinian people’s right to self-determination and the consequences of Israel’s discriminatory legislation and measures.
The origins of the Israeli occupation date back to June 1967 when Israel defeated several Arab nations in a six-day war, capturing territories such as the West Bank, Golan Heights, Gaza Strip, and Sinai Peninsula. Subsequently, Israel began settling these areas, leading to widespread condemnation by the international community. The UN has deemed the occupation of Palestinian territory illegal, and efforts have been made to address this issue through various peace agreements.
In addition to assessing the impact of Israel’s actions on the legal status of the occupation, the ICJ will also consider how these actions affect other countries and international organizations. While the court’s judgments are typically binding, in this case, the opinion will be non-binding. However, history has shown that most advisory opinions issued by the ICJ are often followed by action.
The outcome of the ICJ’s ruling is eagerly awaited by nations around the world, as it has the potential to shape future diplomatic efforts and influence global perceptions of the Israeli-Palestinian conflict. Regardless of the court’s decision, it is clear that the issue of Israel’s occupation of Palestinian territories remains a contentious and complex issue that requires careful consideration and international cooperation to reach a lasting resolution.