The United Nations’ high court docket is about to subject a landmark opinion on the authorized penalties of Israel’s occupation of Palestinian territories.
The Worldwide Court docket of Justice (ICJ), headquartered in The Hague, Netherlands, has been reviewing the difficulty since early final yr, At the request of the United Nations General Assembly.
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 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 circumstances, the court docket points an advisory opinion, which isn’t legally binding however nonetheless carries vital political weight.
Within the 1967 Center East Battle, Israel occupied the West Financial institution, East Jerusalem and the Gaza Strip. 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 underneath worldwide legislation 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 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 statement as a substitute. About 52 countries expressed their opinionsan awesome majority claimed that the occupation was unlawful and urged the Worldwide Court docket of Justice to declare it unlawful.
Israel’s closest ally, the USA, referred to as on the Worldwide Court docket of Justice to “fastidiously tailor its suggestions” and never subject an opinion that “requires Israel’s unilateral, quick, and unconditional withdrawal of its troops with out considering Israel’s authentic safety wants.”
The Palestinian Authority overseas minister advised the court docket that his folks 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 folks,” he stated.
Worldwide lawyer Philippe Sands, a member of the Palestinian authorized crew, advised the BBC: “By way of the authorized final result and the answer that finally must be discovered, it is [ICJ case] Important.
If the ICJ does subject an advisory opinion, it’s submitted to the United Nations Common Meeting, which decides tips on how to reply, together with the choice of adopting a decision. This might be vital and will 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 would inform all United Nations businesses and nations 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 group. 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 underneath worldwide legislation, 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 in opposition to Palestinians within the Gaza battle.
