The International Court of Justice will hear Monday in The Hague the consequences of the Israeli occupation of the Palestinian territories (Anatolia Agency)
Tomorrow, Monday, the International Court of Justice in The Hague will begin holding hearings on the legal consequences arising from Israel’s policies and practices in the occupied Palestinian territories.
The sessions come in the context of the United Nations General Assembly’s request to obtain a legal opinion from the court on the effects of the ongoing Israeli occupation, and the sessions will continue in the days between 19 and 26 February.
During the sessions, the court is scheduled to hear briefings from 52 countries, in addition to the African Union, the Organization of Islamic Cooperation, and the League of Arab States, and each country and organization will present its briefs during the hearings.
What is a legal fatwa?
The duties of the Court, which is the main judicial body of the United Nations, include, first, resolving legal disputes that arise between states in accordance with international law, and second, expressing advisory opinions on legal matters referred to it.
Bodies accredited to the United Nations may request an advisory opinion from the International Court of Justice on a matter of international law, provided that it is relevant to the organs of the United Nations and its areas of activity. States may not request an advisory opinion from the Court.
The International Court of Justice will provide a non-binding advisory opinion on this issue regarding the legal consequences of Israel's policies and practices in occupied Palestine.
Although the advisory opinions are not binding, they are very important, because they reflect the opinion of the International Court of Justice on that issue, and while they indicate how the court might decide potential cases, they are also effective in creating political pressure on states that oppose the fatwa.
How is it different from Israel's case for genocide?
While the case brought by South Africa against Israel before the International Court of Justice for violations of the Genocide Convention represents a legal dispute between two countries, the advisory opinion hearings that begin tomorrow do not represent a case in which two countries confront each other.
In the advisory opinion, there is no distinction between the defendant and the plaintiff, and the International Court of Justice expresses its opinion on the questions posed by United Nations bodies or organizations regarding their fields of activity.
Member States of the United Nations have the right to make written and oral statements on issues on which advisory opinions are requested.
Since no special judge is appointed, unlike in judicial disputes, the advisory opinion will be taken by the 15 permanent judges of the International Court of Justice.
Who requested the legal opinion?
In its resolution of 30 December 2022, the UN General Assembly posed to the International Court of Justice two questions regarding the legality of Israel’s occupation of Palestine since the 1967 war, based on Article 65 of the Court’s Statute.
The first question was about the legal consequences arising from Israel's continued violation of the right of the Palestinian people to self-determination, and its long-term occupation, settlement and annexation of the Palestinian territories occupied since 1967, and the second was about how Israel's practices affect the legal status of the occupation.
While the advisory opinion request was transmitted to the ICJ by the UN Secretary-General on 17 January 2023, the Court notified UN Member States and Palestine regarding their right to make written and oral statements on questions on which an advisory opinion is being issued.
Which countries will report?
52 countries, in addition to the League of Arab States, the Organization of Islamic Cooperation and the African Union, will provide 30-minute oral briefings, while only Palestine is entitled to a 3-hour briefing.
Among the countries that will deliver an oral briefing are America, Russia, China, Britain, France, Germany, Iran, Canada, Egypt, South Africa, Japan, Spain, Saudi Arabia, Malaysia, Pakistan, and the Netherlands, in addition to the European Union, and many countries in the Middle East, Asia and the Pacific.
Although the event constitutes a precedent in history, in terms of such a large number of countries providing written and oral briefings in the advisory opinion before the International Court of Justice, Israel, which made a written statement, will not participate in the oral hearings.
Fifty-seven States and international institutions submitted written statements to the International Court of Justice, including their positions on the questions on which advisory opinions will be provided.
What is the effect of the fatwa?
Although the advisory opinions issued by the International Court of Justice are not binding, many States and organizations reportedly took them into account and acted in accordance with the opinion provided.
After the International Court of Justice issued a fatwa in 2004 regarding the wall that Israel built on the Palestinian territories, in which it stated that building the wall was against the law, many countries and companies refrained from contributing to the construction of the wall, and set a condition not to use building materials sold to Israel in building the wall.
After the advisory opinion issued by the International Court of Justice in 2010, which states that states are not prohibited from declaring their independence unilaterally in international law, the legitimacy of Kosovo’s independence has increased, and the number of countries that have recognized its independence has increased.
If the International Court of Justice issues an opinion in which it says that the occupation violates international law, pressure on Israel will likely increase, and countries that openly support it by the international community will be forced to reconsider their position.
Source: Agencies