Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem | |
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Court | International Court of Justice |
Full case name | Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem (Request for Advisory Opinion) |
Started | 2023 |
Keywords | |
ICJ case on Israel's occupation of the Palestinian territories is a proceeding in the International Court of Justice (ICJ), stemming from a resolution adopted by the United Nations General Assembly (UNGA) in December 2022, requesting the Court to render an advisory opinion.
Israel has occupied the Palestinian territories of the West Bank and the Gaza Strip since 1967, making it the world's longest military occupation in modern history. [1] In 2004, the ICJ delivered an advisory opinion on the Israeli West Bank barrier, deciding that it contravened international law and should be torn down.
In January 2023, the ICJ acknowledged a request from the UNGA for an advisory opinion on the legal consequences arising from the policies and practices of Israel in the occupied Palestinian territory, including East Jerusalem. [2] [3]
Public hearings opened on Monday, 19 February 2024 in The Hague [4] [5] with 52 states and three international organizations participating, making it one of the most participated in hearings in the ICJ's history. [6] [7] A number of states and organizations, including South Africa and Amnesty International, have characterized Israel's occupation as amounting to apartheid. [1] [8] The court announced it will deliver its advisory opinion on 19 July 2024.
A draft motion prepared by the State of Palestine was approved by the Special Political and Decolonization Committee (Fourth Committee) on 11 November 2022. [9] It was passed by a vote of 98 to 17, with 52 abstentions, and was sent to the General Assembly. [10] Nicaragua presented the draft resolution because Palestine is not a full member of the UN. [11]
On 30 December 2022, the UN General Assembly adopted resolution A/RES/77/247 with 87 votes in favor, 26 against, and 53 abstentions. [12] [13] [14]
On 20 January 2023, the ICJ confirmed "The request was transferred to the ICJ through a letter sent by the Secretary-General of the United Nations, Antonio Guterres, on January 17, and the request was registered yesterday, Thursday." [15] [16]
Paragraph 18 of the resolution [17] requests the Court to render an advisory opinion on the following questions:
(a) What are the legal consequences arising from the ongoing violation by Israel of the right of the Palestinian people to self-determination, from its prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967, including measures aimed at altering the demographic composition, character and status of the Holy City of Jerusalem, and from its adoption of related discriminatory legislation and measures?
(b) How do the policies and practices of Israel referred to in paragraph 18 (a) above affect the legal status of the occupation, and what are the legal consequences that arise for all States and the United Nations from this status?
Vote | Quantity | States |
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Approve | 98 | Afghanistan, Algeria, Angola, Antigua and Barbuda, Argentina, Armenia, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Botswana, Brazil, Brunei Darussalam, Cabo Verde, Cambodia, Chad, Chile, People's Republic of China, Comoros, Cuba, Democratic People's Republic of Korea, Djibouti, Dominican Republic, Egypt, El Salvador, Gabon, Gambia, Guinea, Guinea-Bissau, Guyana, Indonesia, Islamic Republic of Iran, Iraq, Ireland, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Lebanon, Lesotho, Libya, Luxembourg, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Namibia, Nicaragua, Niger, Nigeria, Oman, Pakistan, Panama, Paraguay, Peru, Poland, Portugal, Qatar, Russian Federation, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovenia, Somalia, South Africa, Sri Lanka, Sudan, Suriname, Syrian Arab Republic, Tajikistan, Timor-Leste, Trinidad and Tobago, Tunisia, Turkmenistan, Türkiye, Uganda, Ukraine, United Arab Emirates, Uzbekistan, Viet Nam, Yemen, Zimbabwe |
Against | 17 | Australia, Austria, Canada, Czech Republic, Estonia, Germany, Guatemala, Hungary, Israel, Italy, Liberia, Lithuania, Marshall Islands, Federated States of Micronesia, Nauru, Palau, United States |
Abstain | 52 | Albania, Andorra, Belarus, Bosnia and Herzegovina, Bulgaria, Burundi, Cameroon, Colombia, Costa Rica, Côte d'Ivoire, Croatia, Cyprus, Denmark, Ecuador, Eritrea, Ethiopia, Finland, France, Georgia, Ghana, Greece, Haiti, Honduras, Iceland, India, Japan, Latvia, Liechtenstein, Monaco, Montenegro, Myanmar, Netherlands, New Zealand, North Macedonia, Norway, Philippines, Republic of Korea, Republic of Moldova, Romania, Rwanda, San Marino, Serbia, Slovakia, Solomon Islands, South Sudan, Spain, Sweden, Switzerland, Thailand, Togo, United Kingdom, Uruguay |
Absent | 26 | Bhutan, Bolivia, Burkina Faso, Central African Republic, Congo, Democratic Republic of the Congo, Dominica, Equatorial Guinea, Eswatini, Fiji, Grenada, Jamaica, Kiribati, Madagascar, Malawi, Nepal, Papua New Guinea, Samoa, São Tomé and Príncipe, Seychelles, Tonga, Tuvalu, United Republic of Tanzania, Vanuatu, Venezuela, Zambia |
Total | 193 |
Vote | Quantity | States |
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Approve | 87 | Algeria, Angola, Argentina, Armenia, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Bolivia, Botswana, Brunei Darussalam, Cambodia, Chile, People's Republic of China, Colombia, Cuba, Democratic People's Republic of Korea, Djibouti, Egypt, El Salvador, Gabon, Grenada, Guinea, Guinea-Bissau, Guyana, Indonesia, Islamic Republic of Iran, Iraq, Ireland, Jamaica, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Lebanon, Lesotho, Libya, Luxembourg, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Namibia, Nicaragua, Nigeria, Oman, Pakistan, Paraguay, Peru, Poland, Portugal, Qatar, Russian Federation, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovenia, Somalia, South Africa, Sri Lanka, Sudan, Syrian Arab Republic, Tajikistan, Trinidad and Tobago, Tunisia, Türkiye, Turkmenistan, Uganda, United Arab Emirates, Viet Nam, Yemen, Zambia, Zimbabwe |
Against | 26 | Albania, Australia, Austria, Canada, Costa Rica, Croatia, Czech Republic, Democratic Republic of the Congo, Estonia, Germany, Guatemala, Hungary, Israel, Italy, Kenya, Liberia, Lithuania, Marshall Islands, Federated States of Micronesia, Nauru, Palau, Papua New Guinea, Romania, Togo, United Kingdom, United States |
Abstain | 53 | Andorra, Belarus, Bosnia and Herzegovina, Brazil, Bulgaria, Burundi, Cameroon, Côte d'Ivoire, Cyprus, Denmark, Dominican Republic, Ecuador, Eritrea, Ethiopia, Fiji, Finland, France, Georgia, Ghana, Greece, Haiti, Honduras, Iceland, India, Japan, Kiribati, Latvia, Liechtenstein, Malawi, Monaco, Montenegro, Myanmar, Netherlands, New Zealand, Norway, Panama, Philippines, Republic of Korea, Republic of Moldova, Rwanda, Samoa, San Marino, Serbia, Slovakia, Solomon Islands, South Sudan, Spain, Sweden, Switzerland, Thailand, Tanzania, Uruguay, Vanuatu |
Absent | 27 | Afghanistan, Antigua and Barbuda, Benin, Bhutan, Burkina Faso, Cabo Verde, Central African Republic, Chad, Comoros, Congo, Dominica, Equatorial Guinea, Eswatini, Gambia, Madagascar, Nepal, Niger, North Macedonia, São Tomé and Príncipe, Seychelles, Suriname, Timor-Leste, Tonga, Tuvalu, Ukraine, Uzbekistan, Venezuela |
Total | 193 |
Riyad al-Maliki, Minister of Foreign Affairs and Expatriates of the State of Palestine, hailed the resolution as "a diplomatic and legal success and achievement". [18] Al-Maliki expressed gratitude to the nations that supported the resolution by sponsoring it and voting in favor of it. He urged countries that did not support the resolution to "adhere to international law and avoid standing on the wrong side of history." Days prior to the final vote, in an attempt to impede the referral of the conflict to The Hague, then-Israeli Prime Minister Yair Lapid wrote to 50 countries urging them not to support it in the General Assembly. [19]
The Organization of Islamic Cooperation (OIC) welcomed the resolution's approval by the General Assembly, "praising the positions of the countries that supported it, which confirms their commitment to international law and is consistent with their historical support for the Palestinian cause". [20]
The court fixed 25 July 2023 as the deadline for presentation of written statements and 25 October 2023 as the deadline for written comments on the statements made by other States or organizations. [21] [22]
On 7 August the Court announced that 57 written statements had been filed in the Court's registry, including three written statements from international organizations (League of Arab States, Organisation of Islamic Cooperation, and African Union) with the others from Palestine and UN member states. [23] According to Le Monde , 57 written submissions is a record (more than have been received on any other case) since the Court's creation in 1945, which the newspaper regards as already a small victory for the Palestinians. [24]
The written statements will not be published by the Court until the start of public hearings, but according to Le Monde, a large majority of the 57 submissions recognize the jurisdiction of the Court to render an opinion on the issues raised; only around 10 or so submissions contest the referral to the Court. [24]
On 14 November, the court announced that 15 comments on the written statements were accepted by the Court. [25] [26]
On 14 July 2023, the Government of Canada argued that the Court should exercise its discretion to decline to render an advisory opinion, because Israel has not accepted the jurisdiction of the Court in this matter, and the UN Security Council has established a framework for the parties to resolve the dispute through negotiations. [27] [28] [29]
Although France abstained in the General Assembly on the resolution which requested the advisory opinion from the Court, France submitted a statement to the Court of around 20 pages, in which it reaffirms the illegal nature of colonization, recounts the legal obligations of the occupier in the occupied territories, including East Jerusalem, and notes the risk of an annexation by fait accompli. [24]
The Government of Israel reportedly made submissions to the Court arguing that the Court lacks the authority to adjudicate the Israeli-Palestinian conflict, and that it should instead be resolved by direct negotiations between Israel and Palestinian Authority. [30] [31]
On 24 July 2023, during a meeting at the Hague, Palestine Minister of Foreign Affairs and Expatriates, Riyad Al-Malki, delivered the Palestinian submission. [32]
The UK submission opposes the hearing of the case in the ICJ. [33]
Oral presentation of the arguments started on 19 February 2024. On that date, the Palestinian delegation presented its arguments. The following countries presented oral arguments in the case:
Daniel Levy, a political analyst, stated the ICJ case would cause third parties to reckon with the consequences of being "complicit in this violation of international law and in guaranteeing impunity for the violating party, namely Israel". [67]
The Gaza Strip, or simply Gaza, is a small, densely populated territory located on the eastern coast of the Mediterranean Sea. It is the smaller of the two Palestinian territories. Gaza is bordered by Egypt on the southwest and Israel on the east and north.
Israeli settlements, also called Israeli colonies, are the civilian communities built by Israel throughout the Israeli-occupied territories. They are populated by Israeli citizens, almost exclusively of Jewish identity or ethnicity, and were built on lands occupied by Israel since the Six-Day War in 1967. The international community considers Israeli settlements to be illegal under international law, but Israel disputes this. The expansion of settlements often involves the confiscation of Palestinian land and resources, leading to displacement of Palestinian communities and creating a source of tension and conflict. Settlements are often protected by the Israeli military and are frequently flashpoints for violence against Palestinians. Further, the presence of settlements and Jewish-only bypass roads creates a fragmented Palestinian territory, seriously hindering economic development and freedom of movement for Palestinians.
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The Palestinian territories, also known as the Occupied Palestinian Territory, consist of the West Bank and the Gaza Strip—two regions of the former British Mandate for Palestine that have been occupied by Israel since the Six-Day War of 1967.
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