The highest court of the United Nations, the International Court of Justice (ICJ), began hearings on Monday February 19 on the legal consequences of Israel's occupation of Palestinian territories since 1967, with an unprecedented number of 52 countries called to testify, including France in two days. The ICJ will issue an advisory opinion on the question and will have to clarify the responsibilities of the States which cooperate in this occupation. 

The head of Palestinian diplomacy, Riyad al-Maliki, declared that his people were suffering "colonialism and apartheid" under Israeli occupation at the opening of the hearings.

“The Palestinians are equally subjected to colonialism and apartheid” and “some are outraged by these words but they should be outraged by the reality that is ours,” declared Riyad al-Maliki in The Hague.

For six days, the United States, Russia, France and China will address the judges during a session spread over a week at the Peace Palace in The Hague, seat of the International Court of Justice.

On December 31, 2022, the United Nations General Assembly adopted a resolution requesting from the ICJ a non-binding “advisory opinion” on the “legal consequences arising from the policies and practices of Israel in the occupied Palestinian territory, including Jerusalem- East".

The resolution was adopted with 87 votes in favor, 26 against and 53 abstentions, with Western states divided on the issue while Arab countries unanimously voted in favor.

Separate hearings of South African complaints

These hearings are entirely separate from South Africa's recent high-profile applications to the UN's top judicial body.

Pretoria had taken the matter to the ICJ, arguing that Israel's operations in Gaza amounted to a violation of the Convention on the Prevention and Punishment of the Crime of Genocide.

On January 26, the Court ordered Israel to prevent any possible act of genocide, but did not call for a ceasefire.

On Friday, she rejected a second request from South Africa, which asked her to order new measures after Israel's announcement of an upcoming military offensive on Rafah, where more than half of the 2.4 million Gaza residents took refuge.

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Legality of “prolonged occupation” in question

The General Assembly asked the ICJ to consider the "legal consequences" of what the resolution calls "Israel's continued violation of the Palestinian people's right to self-determination." This concerns the "prolonged occupation" of Palestinian territory since 1967.

It must also examine measures “aimed at modifying the demographic composition, character and status of the holy city of Jerusalem”.

In June 1967, Israel waged the Six-Day War, seizing the West Bank and East Jerusalem from Jordan, the Golan Heights from Syria, the Gaza Strip and the Peninsula. Sinai to the detriment of Egypt.

Israel then began occupying the 70,000 square kilometers of seized Arab territory, an occupation later declared illegal by the United Nations.

The ICJ is also invited to examine the consequences of what the UN resolution describes as "the adoption by Israel of discriminatory laws and measures".

She must give her opinion on how Israel's actions "affect the legal status of the occupation" and its consequences for the United Nations and other countries.

The Court will rule “urgently” on this case, probably by the end of the year.

Non-binding opinion

The ICJ rules on disputes between States and its judgments are binding, although it has few means to enforce them.

However, in the present case, the opinion it gives will not be binding. According to the Court, "the requesting body, agency or organization remains free to respond to the opinion by any means at its disposal, or not to do so". But most advisory opinions are actually acted upon.

The ICJ has previously issued advisory opinions on the legality of Kosovo's declaration of independence from Serbia in 2008 and on South Africa's occupation of Namibia under the apartheid regime .

It also issued an opinion in 2004 saying that parts of the wall erected by Israel in the occupied Palestinian territories were illegal and should be demolished.

Israel will not participate in the hearings and had reacted with anger to the 2022 UN resolution, with Prime Minister Benjamin Netanyahu calling it "despicable" and "shameful".

The United States, the United Kingdom, and Germany opposed the resolution and France abstained.

With AFP

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