The International Court of Justice (ICJ) on Monday held public hearings in the advisory proceedings on the legal consequences of Israel’s occupation of Palestine, including East Jerusalem.
More than than 50 states are expected to address the judges this week from Monday until February 26.
Among countries scheduled to participate in the hearings are the US, China, Russia, South Africa and Egypt. Israel has sent written observations, but will not participate in the hearings.
The ICJ judges are expected to take up to several months to consult before issuing an advisory opinion.
Background
In 2022, the UN General Assembly asked the ICJ for an advisory opinion on the occupation. It is worth noting that the opinion is advisory, therefore, it is non-binding.
In the 1967 war, Israel captured the West Bank, Gaza and East Jerusalem. It withdrew from Gaza in 2005, but still controls its borders.
This is the second time the ICJ was asked for an advisory opinion related to the occupied Palestinian territory. The first was in 2004, when the court found that Israel's separation wall in the West Bank violated international law and should be dismantled. However, the wall is still standing today.
In a different, but related case, the judges have now been asked to review Israel's occupation, settlement and annexation.
The General Assembly also asked the ICJ's 15-judge panel to advise on how those policies and practices "affect the legal status of the occupation" as well as what legal consequences could emerge from this status.
It is noteworthy that the advisory opinion proceedings are separate from the genocide case that South Africa filed at the World Court against Israel for its alleged violations in Gaza of the 1948 Genocide Convention.
The advise to hearings form part of a Palestinian push to get international legal institutions to evaluate Israel's conduct amid mounting concerns about an Israeli ground offensive against the Gaza city of Rafah. Rafah is the last refuge for more than a million Palestinians after they fled to the south of the enclave in a bid to avoid Israeli attacks.
According to Gaza health officials, Israel’s ongoing siege on Palestine has killed about 29,000 Palestinians, since October 7, when Hamas attacked Israel.
Takeaways
1. Palestinian suffering
The Palestinian envoy expressed pain over the continuous loss, injustice, and humiliation faced by Palestinians, including violent dispossession and displacement from their land.
2. International law and Palestinian rights
Despite inherent rights, Palestinians said they feel international law has not effectively protected them or upheld their rights, with ongoing breaches and lack of accountability.
3. Gaza crisis
The court heard how dire the situation in Gaza is, with over two million Palestinians facing disease, despair, and death amid ongoing attacks and siege.
4. Settlements and occupation
The ICJ heard how Israeli settlers rampage through occupied territories, terrorising Palestinian communities, while Israeli leaders openly discuss removing Palestinians. Representatives argued this defies international law.
5. Legal proceedings
Legal representatives emphasised the need for accountability, and urged the court to address serious violations of international law committed by Israel.
6. Compensation and reparations
Palestine seeks compensation and reparations from Israel for violations of international law, which have been recognised by the Security Council and General Assembly.
7. End of occupation
Calls are mounting for an immediate and total end to the illegal occupation, with Israel's actions deemed unlawful under international law.
8. Self-determination
Palestinians called for the right to self-determination, which they say has been denied through displacement, apartheid-like policies, and violations of human rights.
9. Apartheid allegations
Allegations of apartheid by Israel were raised. A number of comparisons were drawn to historic instances of racial discrimination and segregation.
10. Humanitarian crisis
Palestinians endure collective punishment, with high levels of human and material losses, while facing discrimination and violence from Israeli settlers and military.
IOL NEWS