The International Court of Justice (ICJ) is set to hold hearings on the legal consequences of Israel’s occupation of Palestinian territories since 1967. This unprecedented event will see 52 countries presenting evidence at the Peace Palace in The Hague, Netherlands. The request for an advisory opinion came from the UN General Assembly in December 2022, seeking clarity on the “legal consequences arising from the policies and practices of Israel in the Occupied Palestinian Territory, including East Jerusalem.”
The ICJ’s ruling, although non-binding, comes at a crucial time as international legal pressure mounts on Israel following the conflict in Gaza triggered by Hamas attacks. The hearings are distinct from a separate case brought by South Africa, accusing Israel of committing genocidal acts during the recent Gaza offensive. In January, the ICJ ruled that Israel must take all necessary measures to prevent genocide and allow humanitarian aid into Gaza but did not mandate a ceasefire.
The General Assembly has tasked the ICJ with addressing two key questions. Firstly, the court will examine the legal consequences of Israel’s ongoing violation of the Palestinian people’s right to self-determination. This includes the prolonged occupation, settlement, and annexation of Palestinian territory since 1967, as well as measures aimed at altering the demographic composition of East Jerusalem. Following the 1967 six-day war, Israel seized territories from Jordan, Syria, and Egypt, leading to the settlement of these areas. The UN has deemed the occupation of Palestinian territory illegal.
Secondly, the ICJ will consider how Israel’s actions impact the legal status of the occupation and the consequences for the UN and other countries. The court is expected to deliver its ruling urgently, likely by the end of the year. While ICJ judgments are binding in disputes between states, this advisory opinion will be non-binding. However, past advisory opinions have been influential in shaping international law.
Israel has chosen not to participate in the hearings and has strongly criticized the UN’s request for an advisory opinion. Prime Minister Benjamin Netanyahu denounced it as “despicable” and “disgraceful.” In response to the UN resolution, Israel imposed sanctions on the Palestinian Authority. Human Rights Watch (HRW) emphasized the significance of advisory opinions, stating that they can carry great moral and legal authority and eventually become part of international law.
The hearings are expected to shed light on the human rights abuses committed by Israeli authorities against Palestinians, including allegations of apartheid and persecution. The ICJ’s decision will have far-reaching implications for both Israel and the Palestinian territories. Despite being non-binding, advisory opinions from the ICJ have historically played a significant role in shaping international legal norms and standards.
As the world watches closely, the outcome of these hearings could have a profound impact on the ongoing conflict in the region and set a precedent for future legal actions against states accused of violating international law. The ICJ’s role in addressing complex geopolitical issues underscores the importance of international law in promoting peace, justice, and respect for human rights on a global scale.