International Court of Justice to Address Legality of Israel’s Occupation of Palestinian Territories

International Court of Justice to Address Legality of Israel’s Occupation

The International Court of Justice (ICJ) is poised to deliver a pivotal advisory opinion on Friday regarding the legality of Israel’s occupation of Palestinian territories. This marks a significant moment, as it will be the first time the world’s foremost judicial body has officially articulated its perspective on an issue that has long been a focal point of debate and numerous resolutions within the United Nations.

While the ICJ’s advisory opinions are not legally binding, they carry considerable authority and can influence international law and state behavior. The heightened anticipation surrounding Friday’s session is amplified by the ongoing conflict in Gaza, which has now entered its ninth month, as well as a distinct genocide case filed by South Africa against Israel in December, addressing allegations concerning Israel’s actions in the war.

In earlier rulings, the court mandated Israel to limit its military actions in Gaza this past January, and subsequently instructed the nation to “immediately” cease its offensive operations in Rafah, a city located in southern Gaza, in May.

In 2022, the U.N. General Assembly formally requested the court’s opinion on the legal ramifications of Israel’s “prolonged occupation, settlement, and annexation” of Palestinian territories, which includes the West Bank and East Jerusalem, dating back to 1967. The court conducted hearings in February at the Peace Palace in The Hague, where representatives from over 50 countries participated—a notably high turnout for such proceedings.

Notably, Israel chose not to attend the hearing, instead submitting a statement that dismissed the validity of the proceedings as biased against its interests. During the hearings, the Palestinian Authority’s foreign minister, Riyad al-Maliki, passionately argued that Israel has subjected Palestinians to systematic discrimination over decades, presenting them with a grim choice of “displacement, subjugation, or death.”

Throughout the multi-day hearings, the majority of the international representatives expressed support for the Palestinian perspective. Nevertheless, a few nations, including traditional allies of Israel such as the United States, Britain, and Hungary, voiced their support for Israel’s position. A U.S. State Department official contended that Israel’s policies towards the Palestinian people are primarily driven by its “very real security needs.”

One critical aspect that Friday’s opinion is expected to address is Israel’s settlement policy in the West Bank and East Jerusalem. This includes not only the state-sponsored expansion of settlements for Israeli citizens in Palestinian territories but also the government’s tacit acceptance of violent land confiscations perpetrated by settlers. Historically, each Israeli government has facilitated some degree of construction in these occupied territories; however, the current Netanyahu administration has significantly escalated these efforts, announcing plans for thousands of new housing units. Since 1967, more than 400,000 Israelis have settled in the West Bank.