The hearing on the International Court of Justice (ICJ) consultation procedure on the legal consequences of Israeli actions in the Palestinian territories will begin on February 19, 2024 in The Hague, Netherlands, with a presentation by the Palestinian delegation.
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- The ICJ is holding hearings this week on the legal implications of Israel's occupation of Palestinian territory.
- The court will hear from 52 countries, including: USA, Russia, China.
- Palestinian Foreign Minister Riyad al-Malki told the court that Palestinians suffered from “colonialism and apartheid” under Israeli occupation.
Palestinian Foreign Minister Riyad al-Malki told the United Nations Supreme Court on Monday that the Palestinian people have suffered “colonialism and apartheid” under Israeli occupation, as judges consider the legal consequences of the Israeli occupation. said.
“Palestinians have endured colonialism and apartheid…There are people who are outraged by this word. They should be outraged when they see the reality of what we are suffering,” al-Malki said. Ta.
The ICJ is holding hearings this week on the legal consequences of Israel's occupation since 1967, with an unprecedented 52 countries expected to give evidence.
Countries including the United States, Russia and China will address the judges at the Peace Palace in The Hague, the seat of the International Court of Justice (ICJ).
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In December 2022, the UN General Assembly asked the ICJ for a non-binding “advisory opinion” on “the legal consequences arising from Israeli policies and practices in the Occupied Palestinian Territories, including East Jerusalem.”
Any opinion by the ICJ is not binding, but it comes amid mounting international legal pressure on Israel over the Gaza war, which began with the brutal Hamas attack on October 7.
The hearing is separate from a high-profile lawsuit brought by South Africa, which claims Israel is committing acts of genocide during its current offensive on Gaza.
In that case, the ICJ ruled in January that Israel must do everything in its power to stop the genocide and allow humanitarian aid to the Gaza Strip, but stopped short of ordering a cease-fire.
On Friday, the country rejected South Africa's proposal to impose additional measures on Israel, but reiterated the need to fully implement the ruling.
“Long-term occupation”
The General Assembly asked the ICJ to consider two issues.
First, the court should consider the legal implications of what the United Nations has called “Israel's ongoing violation of the Palestinian people's right to self-determination.”
This relates to “the long-term occupation, settlement and annexation of the Palestinian territories occupied since 1967” and “measures aimed at changing the demographic composition, character and status of the holy city of Jerusalem”.
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In June 1967, Israel crushed some of its Arab neighbors in a six-day war, seizing the West Bank, including East Jerusalem, from Jordan, the Golan Heights from Syria, and the Gaza Strip and the Sinai Peninsula from Egypt.
Israel then began to settle 70,000 square kilometers of occupied Arab territory. The United Nations subsequently declared the occupation of Palestinian territory illegal. Cairo regained control of the Sinai Peninsula under a 1979 peace agreement with Israel.
The ICJ is also asked to investigate the consequences of what it calls “the adoption of relevant discriminatory laws and measures” by Israel.
Second, the ICJ should advise on how Israel's actions “impact on the legal status of the occupation” and on the United Nations and other countries.
The court is expected to rule on the matter on an “urgent” basis, likely by the end of the year.
“Sneaky”
The ICJ adjudicates disputes between states and its judgments are binding, but there are few ways to enforce them.
However, in this case, the issued opinion is not binding.
In the court's own words: “The requesting agency, agency, or organization remains free to influence the opinion or not to do so by any means.”
However, most of the advisory opinions are actually put into action.
The ICJ has previously issued advisory opinions on the legality of Kosovo's declaration of independence from Serbia in 2008 and South Africa's occupation of Namibia under apartheid.
In 2004, it issued an opinion declaring that portions of the wall built by Israel in the occupied Palestinian territories are illegal and should be torn down.
Israel did not participate in the hearing and reacted angrily to the 2022 UN request, with Prime Minister Benjamin Netanyahu calling it “despicable” and “shameful.”
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The week after the UN resolution, Israel announced a series of sanctions against the Palestinian Authority to “make it pay” for its promotion.
Human Rights Watch (HRW) said that although advisory opinions are not binding, they “can confer moral and legal authority” and could eventually be enshrined in international law. Stated.
HRW senior legal counsel Clive Baldwin said the hearing “should highlight the grave abuses committed against Palestinians by the Israeli authorities, including crimes against humanity of apartheid and persecution.”