The International Court of Justice (ICJ) is currently hearing historic oral arguments on the Israeli occupation of Palestinian territory. This high-profile case has attracted the participation of fifty-two countries, making it the largest case ever heard by the court. The hearings come at a time when the region is embroiled in an unprecedented war, adding further significance to the proceedings.
The case originated from a request for an advisory opinion by the UN General Assembly in 2022. The court will be asked to consider the legal consequences of Israel’s violation of the right of the Palestinian people to self-determination, as well as its prolonged occupation, settlement, and annexation of Palestinian territory since 1967. The ICJ, established after World War II as a means to resolve disputes peacefully, is expected to take several months to issue a ruling. However, it is important to note that the court’s opinion will be advisory and not binding.
Separate from this case, earlier proceedings were held in January regarding South Africa’s accusation that Israel was committing genocide in its war against Hamas. While the court ordered Israel to prevent genocide against Palestinians in Gaza, it did not call for a suspension of Israel’s military campaign. Israel had already indicated its refusal to accept the ICJ’s ruling at that time.
The current case focuses on the West Bank and began with remarks from Palestinian Authority Foreign Minister Riyad al-Maliki. He emphasized that successive Israeli governments have limited the Palestinian people to three options: displacement, subjugation, or death. However, he asserted that the Palestinian people have a right to live in freedom and dignity on their ancestral land and are determined to defend their rights.
Representatives from participating countries will deliver their remarks starting Tuesday, with Israel scheduled to make a written submission rather than speaking directly. It is worth noting that Israel captured the West Bank, East Jerusalem, and Gaza in the 1967 Six-Day War. While it unilaterally annexed East Jerusalem and withdrew its troops and settlers from Gaza, it has maintained control over Gaza through a near-total blockade. Under the Oslo Accords peace agreement, the West Bank was divided into three distinct areas with control split between Israel and the Palestinian Authority. Currently, Israel has full administrative and security control over 60% of the West Bank, while the Palestinian Authority has nominal control over Palestinian population centers.
The issue of Israeli settlements in the West Bank is a contentious one. There are an estimated 700,000 Israeli settlers living there, which is considered illegal under international law and by much of the international community. However, Israel disputes this, distinguishing between authorized settlements and unauthorized ones.
As the ICJ hearings continue, the world will be watching closely to see how this historic case unfolds. The outcome will undoubtedly have far-reaching implications for the Israeli-Palestinian conflict and the pursuit of justice in the region.
Note: This article is based on information from CNN, with contributions from Ivana Kottasová, Abbas Al Lawati, and Joshua Berlinger.