in occupied Palestinian territories Several people have spoken at the hearings of the United Nations’ International Court of Justice about the actions of Israel in the territories of Palestine that it occupies.
The case was filed prior to the current four-month conflict in Gaza and has already sparked intense discussion, even before Judge Nawaf Salam, the court’s president, began the hearings. This overview highlights the first few days of the hearings, which took place from February 19th to 21st. The hearings will conclude on February 26th, with Israel opting not to take part.
The International Court of Justice is currently deliberating on two specific inquiries.
The General Assembly posed two specific inquiries to the world court in its request made in December 2022:
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What are the potential legal outcomes resulting from Israel’s continuous infringement of the Palestinian people’s right to self-determination? This includes their long-standing occupation, establishment of settlements, and annexation of Palestinian territory since 1967, as well as actions that aim to change the demographic makeup, identity, and status of Jerusalem. Additionally, what are the effects of Israel’s adoption of discriminatory laws and measures related to this issue?
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What impact do Israel’s policies and practices have on the legal status of the occupation? What are the legal implications for all countries and the United Nations resulting from this status?
This is a summary of the events that took place during the initial days of the public hearings held at the Peace Palace in The Hague.
On February 19, 2024, the Palestinian Authority’s Foreign Minister, Riyad al-Maliki, gives a speech at the International Court of Justice.
Palestine’s plea
On February 19, Palestine presented its reasoning for a duration of three hours. Foreign Minister Riyad al-Maliki initiated the presentation with the following statement:
I am speaking to you while 2.3 million Palestinians, including many children, are facing a state of being surrounded and attacked in Gaza. This has resulted in deaths, injuries, starvation, and displacement. Additionally, over 3.5 million Palestinians in the West Bank, including East Jerusalem, are experiencing the takeover and exploitation of their land through colonization and violence driven by racism. Furthermore, 1.7 million Palestinians in Israel are being treated as inferior citizens and unwelcome trespassers on their own ancestral land. Lastly, the right of seven million Palestinian refugees to return to their home and land is still being denied.
According to him, the Israeli government has limited the options available to Palestinians to only three: being displaced, being subjugated, or facing death. These choices can also be described as ethnic cleansing, apartheid, or genocide.
We are demanding an end to Israel’s lack of consequence, which is an ethical, political, and legal necessity. Our community is committed to remaining here and will not give up their rights.
In January, Vusimuzi Madonsela, representing South Africa, presented his country’s argument against Israel at the International Court of Justice (ICJ). (file)
South Africa describes practices as ‘apartheid’
The country of South Africa, who submitted a complaint to the ICJ in December accusing Israel of committing “genocide in Gaza”, has received provisional measures from the court. On February 20th, Vusimuzi Madonsela, South Africa’s ambassador to the Netherlands, stated that a fair resolution for all those legally allowed to reside in historical Palestine would require negotiations with support from the international community, after years of apartheid and settler colonialism.
Comparing the circumstances in Palestine to the fight of South Africans against apartheid, he stated that there is a system of unfair laws in place and that current actions enforce the dominance of Israeli-Jewish individuals. Therefore, he urged for the swift and complete removal of Israeli soldiers from the occupied regions.
From ‘annexation’ to a ‘point of no return’
The representative from Chile stated that Israel does not consider itself a temporary occupant and conducts actions that can be seen as annexation. He also mentioned that Chile is home to a significant Palestinian community outside of the Middle East and a large Jewish community, ranking third in Latin America.
In the meantime, Professor Ahmed Laraba, a legal expert from Algeria, stated that Israel is pursuing a strategy in the occupied territories to prevent the creation of a Palestinian State. He urged the International Court of Justice to hold Israel accountable for its actions and end its impunity as an oppressor. He emphasized the importance of upholding laws rooted in justice, rather than seeking revenge.
The delegate from Saudi Arabia denounced Israel for their treatment of Palestinians in Gaza, stating that they are viewed as expendable and dehumanized. This highlights the negative effects of the illegal Israeli occupation, which has persisted for over fifty years. The delegate also accused Israel of disregarding the court-ordered provisional measures in regards to the South African complaint on genocide.
A section of the divide separating Israel and the West Bank in Bethlehem. (document)
Stating the right to defend oneself
Representing the Netherlands, René J. M. Lefeber, who provides legal counsel to the Ministry of Foreign Affairs, discussed the principles of self-determination for nations and the laws surrounding the “use of force” and the right to self-defense in case of an assault.
The act of taking control of a land can be considered lawful under the principle of self-defense when in response to an armed attack, even if the attack is carried out by an armed group rather than a State. He also emphasized the responsibility to uphold international humanitarian law and put an end to any breaches. He expressed optimism that the ICJ could play a role in promoting peace in the Middle East.
As a neighbor to both the Gaza Strip and Israel, Egypt disputed Israel’s claim to self-defense.
Jasmine Moussa, legal advisor to the Office of Egypt’s Foreign Affairs Minister, stated that the idea of a State using self-defense against a territory it occupies and controls militarily goes against common logic. She also pointed out that Israel engaged in a “war of aggression” in 1967 and has since violated international law by maintaining decades of occupation.
She emphasized the severity of the present circumstances, particularly in Rafah, where Israel is carrying out a strategy of forcefully displacing Palestinian civilians. Despite this, the Security Council has neglected to demand a ceasefire, displaying a lack of concern for Palestinian lives. She stated that Israel cannot use self-defense as a justification for perpetuating a situation that it created through illegal actions.
She stated that the Middle East desires peace, stability, and a fair, comprehensive, and lasting solution to the Palestinian-Israeli conflict. This solution should be in accordance with international law and involve the creation of a sustainable Palestinian State on the borders of 1967, with East Jerusalem as its capital.
According to Diego Colas, the Director of Legal Affairs at the Ministry for Europe and Foreign Affairs of France, Israel’s ability to protect itself is still in line with international law.
Acknowledging the serious circumstances surrounding these hearings, he emphasized the importance of Israel’s right to protect itself and its citizens in light of the recent attack by Hamas on October 7th. He stated that the goal is to prevent future attacks from occurring.
The speaker emphasized that this privilege should be utilized in accordance with global regulations, specifically those concerning humanitarian issues. They reiterated that Israel’s military actions and airstrikes in Gaza have resulted in numerous civilian casualties, and France has consistently and explicitly stated their stance on this matter.
He stated that the only way to achieve peace is for all parties involved to abide by international law, specifically international humanitarian law.
Since the beginning of the war in October 2023, over 80% of Gaza’s 2.3 million inhabitants have been forced to relocate within their own region.
, and apologies
Requests for reimbursement, restitution, and expressions of regret.
France’s representative expressed disapproval of Israel’s expansionist actions, particularly the increase in colonization since 2004. They also denounced comments advocating for the establishment of colonies in Gaza and relocating its residents, which would be a severe breach of international laws.
Regarding reparations, he stressed that “France believes this responsibility applies to all harm inflicted upon the Palestinian people” through “returning property and, if not possible, providing compensation”.
On November 1, 2023, Bolivia ended its diplomatic ties with Israel citing accusations of “apartheid” and “genocidal” actions in Gaza. The country’s delegate demanded that Israel cease its unlawful settlements in occupied territories and provide reparations and compensation.
On February 21, during the ongoing hearings, the representative from Colombia stated that Israel must end all occupation and colonization and provide reparations. According to international law, Israel is obligated to compensate all individuals who have suffered any type of physical or non-physical harm due to its control of Palestinian territories.
The Qalandia checkpoint is located in the West Bank, serving as a border between East Jerusalem and Ramallah.
A solution involving two states that has been agreed upon through negotiations.
The representative from Brazil emphasized the importance of reaching a two-State solution through negotiations in a long-standing unresolved conflict on the international agenda. They stressed that the significance and seriousness of the situation were undeniable, even before 7 October.
“The delegate stated that the events on that date and the subsequent military actions were both tragic and unjust, highlighting the fact that simply managing the conflict is not a viable solution. The only path towards peace and security for both Israelis and Palestinians is through the two-State solution, with a viable Palestinian State coexisting alongside Israel.”
According to Richard C. Visek, a legal advisor for the Department of State, the United States supports a political resolution under the guidelines set by the UN.
Remembering the devastating impact of the terrorist attacks that occurred on October 7th, he recognized the situation characterized by the ongoing conflict between Israel and Hamas. This conflict has resulted in grave and far-reaching consequences for innocent Palestinian civilians in Gaza.
He emphasized in his speech that it is crucial for stakeholders to adhere to the framework established by the Security Council and the UN General Assembly in order to resolve the conflict. He also stressed the importance of the International Court of Justice in maintaining this framework and making a negotiated solution feasible.
The United States is working towards resolving the current crisis and moving towards a political agreement that will bring long-term peace and security for both Israel and Palestine, ultimately leading to the establishment of a Palestinian state.
Palestinian farmers are gathering olives in the presence of an Israeli settlement in the background. (file)
International law cannot be chosen selectively like items from a menu.
The representative from Cuba expressed disapproval towards the United States and urged the world court to take into account Washington’s involvement in supporting Israeli policies, such as the provision of weapons.
Lana Nusseibeh, Assistant Minister for Political Affairs of the Permanent Representation of the United Arab Emirates (UAE) to the UN, stated that international law must be applied uniformly to all, rather than being selectively chosen like items on a menu.
End the occupation: Russia
Vladimir Tarabrin, the Russian ambassador to the Netherlands, stated that the occupation must be stopped. He supports a two-State solution through negotiations and highlights two main issues: Israel’s ongoing denial of the right to self-determination and their colonization efforts since 1967.
According to the latest report from the UN Secretary-General, the number of Israeli settlers in the West Bank, including Jerusalem, exceeds 700,000. The report also highlighted that in 2023, Israel’s settlement activities reached an all-time high, with plans for over 24,700 housing units being advanced, approved, or tendered. This is more than twice the amount from the previous year.
He stated that this action has significantly weakened the chances of reaching a mutually agreed upon resolution. Russia is hopeful that the ICJ can aid in resolving the conflict by specifying that both sides are required to resume peace talks.
What does the UN world court refer to?
The main judicial body of the United Nations, known as the International Court of Justice (ICJ), was founded in 1945.
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The function of the court is to resolve legal conflicts between States following international law. It also provides advisory opinions on legal matters referred to it by authorized United Nations bodies and specialized agencies.
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The court consists of 15 judges, chosen by the 193 Member States of the UN General Assembly and the 15-member Security Council for nine-year terms.
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Learn more about the United Nations International Court of Justice in our explanatory article.
The source for this information is news.un.org.
