Israel's occupation of Palestinian territories draws the attention of the UN Court
The International Court of Justice will hear arguments from more than 50 countries this week on the legality of Israel's occupation of Palestinian territories. It is the first time that the world's highest court has been asked for an opinion on the issue, which has been the subject of years of debate and resolutions at the United Nations.
The hearings are expected to focus on decades of Israeli actions in the Palestinian territories, including the West Bank and East Jerusalem. But the arguments have gained urgency amid the deadliest Israeli-Palestinian war ever in Gaza, and less than a month after the court ordered Israel to limit its attacks in Gaza in a separate case.
The sessions started on Monday in the Peace Palace in The Hague. Israel did not appear, but submitted a written declaration rejecting the validity of the proceedings.
Here's what you need to know.
What is the International Court of Justice?
The ICJ, based in The Hague, was established in 1945 by the UN Charter to decide issues of international law and settle disputes between nations. Only states can bring cases to court. All countries that belong to the United Nations are automatically members of the court and are expected to accept its jurisdiction.
The court has long had a low profile and often dealt with staid issues such as border disputes. But recently the country has become involved in urgent conflicts, particularly between Ukraine and Russia and between Israel and the Palestinians in Gaza.
The court's decisions are binding, but have no power to enforce them; it expects states to implement them. Governments sometimes ignore them when they believe their interests are threatened.
The judges can also be asked to provide advice, as in this case. Advice has authority and legal weight, but is not binding.
What happens during the hearings?
The six days of hearings focus on the legality of Israel's “prolonged occupation, settlement and annexation” of Palestinian territories. Palestinian Authority Foreign Minister Riyad al-Maliki opened the hearings, and representatives of the Palestinians – including a team of leading international lawyers – are expected to argue that Israel has long violated Palestinian rights with impunity.
From Tuesday, the other speakers will have 30 minutes each, with representatives from 52 countries – far more than usual for court hearings – taking part. They include influential supporters of Israel, including the United States and Britain, as well as critics, including China and Russia.
Although these sessions have been planned for a year, they have drawn attention in light of the bloodshed in Gaza and in response to a genocide case filed in court against Israel.
Does this have to do with the accusations of genocide?
Legally speaking, the two cases have nothing to do with each other. Hearings last month in the same court were initiated by South Africa, which hoped to get Israel to reduce the intensity of its military campaign to crush Hamas after the group's deadly attacks in October. The Israeli invasion of Gaza has largely razed the area and caused widespread civilian casualties.
The judges did not rule on whether Israel committed genocide against the Palestinians in Gaza, but determined that Israel must take action to prevent this.
Who requested these hearings?
Sessions this week were requested by a resolution of the United Nations General Assembly in December 2022. Essentially, the judges are asked to review a panoply of Israel's longstanding policies and the legality of Israel's continued occupation.
What drives them?
One focus will be Israel's settlement policies in the West Bank and East Jerusalem – both of which officially promote the expansion of settlements for Israeli citizens on Palestinian territory, as well as the government's tolerance of violent land grabs by settlers.
Every Israeli government has allowed some form of Israeli construction, but Netanyahu's government has expanded the program and announced plans for thousands of new homes. Since 1967, more than 400,000 Israelis have settled in the West Bank.
Navanethem Pillay, who led a UN commission of inquiry that urged the General Assembly to seek the court's opinion on the legality of the occupation, said: “Israel has ignored numerous UN resolutions, including on illegal settlements. ” But the court had never looked at the legality of long-term occupation.
How do the ICJ and the ICC differ from each other?
The International Criminal Court and the International Court of Justice are often confused. Established in 2002, the ICC is a criminal court independent of the United Nations and prosecutes cases against individuals rather than national governments. It handles cases involving the most serious international crimes, including genocide, crimes against humanity and war crimes.
In 2015, Palestinians filed a case against Israeli leaders at the ICC. but little progress has been made.
When will advice be given?
Joan E. Donoghue, a US judge who ended her term as president of the ICJ this month, recently said the opinion would have to answer “a complicated and quite detailed set of questions.” She said it would take at least several months to arrive at those answers.