The United Nations’ prime court docket is about to difficulty a landmark opinion on the authorized penalties of Israel’s occupation of Palestinian territories.
The Worldwide Courtroom of Justice (ICJ), headquartered in The Hague, Netherlands, has been reviewing the problem since early final yr, On the request of the United Nations Normal Meeting.
The court docket was particularly requested to precise its opinion on Israel’s insurance policies and practices in the direction of the Palestinians and on the authorized standing of the occupation. Relying on its findings, this will likely mark the primary time the ICJ has taken a place on whether or not the 57-year-old occupation is against the law.
In such instances, the court docket points an advisory opinion, which isn’t legally binding however nonetheless carries necessary political weight.
Israel captured the West Financial institution, East Jerusalem and Gaza within the 1967 Center East Struggle. It withdrew its troops and settlers from Gaza in 2005, retaining management of its airspace, widespread border and shoreline. Regardless of the withdrawal, the United Nations nonetheless considers Gaza a part of the occupied territory.
As an occupying energy, Israel’s actions within the West Financial institution, East Jerusalem and Gaza are topic to an in depth algorithm beneath worldwide regulation governing occupation, designed to guard occupied civilians.
Earlier than the hearings started in February this yr, Israel issued a press release saying it didn’t acknowledge the “legitimacy of the discussions” on the ICJ. It described the transfer by the Palestinian state on the United Nations as “a part of the Palestinian try to find out the end result of a political settlement” [of the Israel-Palestinian conflict] No want to barter”.
It refused to take part within the oral listening to and submitted a written assertion as a substitute. About 52 international locations expressed their opinionsan awesome majority claimed that the occupation was unlawful and urged the Worldwide Courtroom of Justice to declare it unlawful.
Israel’s closest ally, the US, referred to as on the Worldwide Courtroom of Justice to “fastidiously tailor its suggestions” and chorus from issuing opinions that “name for Israel’s unilateral, speedy, and unconditional withdrawal of its troops with out bearing in mind Israel’s authentic safety wants.”
The Palestinian Authority international minister informed the court docket that his individuals endured “colonialism and apartheid”.
“Israel’s long-term, ongoing occupation of Palestine is aimed toward… the full disappearance of Palestine and the destruction of the Palestinian individuals,” he stated.
Worldwide lawyer Philippe Sands, a member of the Palestinian authorized workforce, informed the BBC: “By way of the authorized consequence and the answer that in the end needs to be discovered, it is [ICJ case] Vital.
If the ICJ does difficulty an advisory opinion, it’s submitted to the United Nations Normal Meeting, which decides how one can reply, together with the choice of adopting a decision. This might be vital and should function a catalyst for negotiations and set the authorized parameters for future negotiated settlements.
If the court docket decides that Israel’s occupation is against the law, it is going to inform all United Nations businesses and international locations that they have to not take any motion to help or contribute to the present scenario.
Such a ruling might have far-reaching commerce implications, however most significantly the implications for Israel’s legitimacy to stay within the West Financial institution and East Jerusalem.
Israel claims sovereignty over all of Jerusalem and considers it to be its undivided capital, however this isn’t accepted by the overwhelming majority of the worldwide neighborhood. It has additionally constructed some 160 settlements within the West Financial institution and East Jerusalem, housing some 700,000 Jews. The settlements are thought of unlawful beneath worldwide regulation, however Israel disputes this.
The case heard by the ICJ on Friday is separate from one other ongoing case introduced earlier than the court docket by South Africa, which accuses Israel of committing genocide towards Palestinians within the Gaza warfare.
