Historic ICJ Hearings on Israel’s Occupation: A Step Towards Accountability for Violations in Palestine

The United Nations’s highest court opened historic hearings into the legality of Israel’s 57-year occupation of the Palestinian territories. Indeed, the week-long proceedings began at the International Court of Justice (ICJ) in The Hague on Monday 19 February. 

This case is separate from the genocide complaint South Africa filed at the ICJ against Israel for its alleged violations of the Genocide Convention in the ongoing war in Gaza. It focuses instead on Israel’s occupation of the West Bank, Gaza and East Jerusalem since 1967. 

Palestine representatives presented their arguments first on Monday while an unprecedented 51 countries and three organizations – the League of Arab States, the Organization of Islamic Cooperation and the African Union – are scheduled to address the judges in the upcoming days. This marks the most extensive participation of parties in any ICJ case since its establishment in 1945. Notably, Israel has opted not to deliver oral arguments but has provided written observations.

A Long Awaited Opinion From the ICJ

The case was brought before the court following a decisive vote in the UN General Assembly (UNGA) on December 30, 2022, where a substantial majority sought a non-binding advisory opinion from the 15-judge panel regarding the Israeli occupation. The request, championed by Palestinians, faced strong opposition from Israel, which deemed any potential decision from the court as “completely illegitimate”. Nonetheless, the General Assembly passed the resolution 87 to 26, seeking the court’s opinion on the legal implications of the ongoing Israeli occupation of Palestine. Arab countries, Russia, and China supported the motion, while Israel, the US, Germany, and 24 others opposed it. France, along with 52 other State Members, abstained from voting.

In an extensive communication addressed to the ICJ and endorsed by UN Secretary-General Antonio Guterres, the UNGA posed inquiries for the judges to address regarding the impact of the occupation and ongoing efforts to displace Palestinians. Additionally, the UNGA sought clarification on the responsibilities of the UN and its member states in response to these violations.

“What are the legal consequences … from the ongoing violation by Israel of the right of the Palestinian people to self-determination, from its prolonged occupation, settlement and annexation … 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?” the UNGA missive asked.

The UNGA asked the court to answer those questions using a combination of international humanitarian laws, as well as the Charter of the United Nations and various UN resolutions. 

The case marks the second time the UNGA has asked the ICJ, also known as the World Court, for an advisory opinion related to the occupied Palestinian territory. In July 2004, the court found that Israel’s separation wall in the West Bank violated international law and should be dismantled. However, Israel rejected the ruling, and has since extended the wall.

The timing of the release of the opinion on this case remains uncertain, as the ICJ’s procedures are meticulous and typically time-consuming. Certain legal experts suggest that the opinion might be issued before the year’s end. Once the opinion is released, it’s important to note that it won’t be obligatory for the Security Council or Israel to enforce it, as it is non-binding. However, an opinion from the ICJ carries heavy weight and could add more pressure on Israel and its Western allies to conform to international law.

Israel’s Documented Violations of International Law in Palestine and Against Palestinians

Israeli authorities, since 1967, have illegally occupied the West Bank and East Jerusalem – part of Palestine under the United Nations-determined division of historic Palestine in 1948 –  running a system that restricts the citizenship rights of Palestinians, hampers their free movement and strips 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, medicines, fuel, construction material and other commodities can go into Gaza, and stops their flow when it wants.

Moreover, according to the watchdog group Peace Now, Israel has built 146 settlements in the  occupied West Bank, which are home to more than 500,000 Jewish settlers. Israel also has annexed East Jerusalem and considers the entire city to be its capital. An additional 200,000 Israelis live in settlements built in East Jerusalem, which Israel considers to be neighborhoods of its capital. Palestinian residents of the city face systematic discrimination, making it difficult for them to build new homes or expand existing ones. 

As a matter of fact, Israel’s policies in the occupied territories amount to apartheid and persecution, both crimes against humanity. 

Considering the documented violations of international law by Israel in the occupied Palestinian territories, the ACHRS welcomes the proceedings at the ICJ and encourages the pursuit of international justice and the end of impunity regarding Israel’s continuous violations of international law in Palestine.

Sources

Human Rights Watch, “World Court to review 57-year Israeli occupation”. February 16, 2024. Available at: https://www.hrw.org/news/2024/02/16/world-court-review-57-year-israeli-occupation

Amman Center for Human Rights Studies, “South Africa’s genocide case against Israel before the International Court of Justice”. January 8, 2024. Available at: https://achrs.org/english/2024/01/08/statement-south-africas-genocide-case-against-israel-before-the-international-court-of-justice/

Office of the United Nations High Commissioner of Human Rights, Convention on the Prevention and Punishment of the Crime of Genocide. Available at: https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-prevention-and-punishment-crime-genocide

Al Jazeera, “UN seeks ICJ opinion on Israel’s illegal occupation of Palestine”. December 31, 2024. Available at: https://www.aljazeera.com/news/2022/12/31/un-seeks-icj-opinion-on-israels-illegal-occupation-of-palestine

Peace now, “Settlements map”. January 5, 2023. Available at: https://peacenow.org.il/en/%D9%8Dsettlements-map-2023