On Wednesday, the United States and Russia will actively present arguments before the United Nations’ highest court. They will address the legality of Israel’s occupation of the Palestinian territories.
In 2022, the United Nations General Assembly requested the International Court of Justice (ICJ), also known as the World Court, to issue a non-binding opinion on the legal consequences of the occupation. This request underscores the global effort to seek clarity on the legal aspects surrounding the occupation.
Despite not participating, Israel, in written comments, expressed concerns that the court’s involvement might impede the achievement of a negotiated settlement. The country emphasized the potential drawbacks of the court’s engagement in the matter. In 2022, Washington opposed the court’s opinion issuance and is expected to argue on Wednesday that the court lacks jurisdiction to rule on the legality of the occupation.
Until February 26, more than 50 states will present arguments. Egypt and France are scheduled to speak on Wednesday.
On Monday, Palestinian representatives appealed to the judges, urging them to declare Israel’s occupation of their territory illegal. They asserted that such a decision could potentially contribute to the realization of a two-state solution.
On Tuesday, ten states, including South Africa, strongly condemned Israel’s actions in the occupied territories. Many of them urged the court to declare the occupation illegal.
The latest outbreak of violence in Gaza, stemming from Hamas’ attacks in Israel on October 7, has exacerbated already deep-seated grievances in the Middle East. This has significantly harmed efforts to find a path to peace.
The ICJ’s 15-judge panel has 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”.
The judges are anticipated to deliver their decision on the request in about six months. During this time, they will also be asked to consider the legal status of the occupation and its implications for states.
Israel ignored a 2004 World Court decision that Israel’s separation wall in the West Bank violated international law and should be demolished. Instead, it’s been extended.
The current hearings may heighten political pressure on Israel due to its war in Gaza, resulting in approximately 29,000 Palestinian casualties, as reported by Gaza health officials. These casualties occurred since Hamas attacked Israel on October 7.
In the 1967 conflict, Israel captured the West Bank, Gaza, and East Jerusalem. These territories constitute historic Palestine, where the Palestinians aspire to establish their state. It withdrew from Gaza in 2005 but, like Egypt, still controls its borders.
Israeli leaders deny formal occupation, arguing territories were captured from Jordan and Egypt in 1967, not from sovereign Palestine. This challenges the conventional view.
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