The International Court of Justice (ICJ) holds public hearings in the advisory proceedings - State of Palestine


On 19 February 2024, the International Court of Justice (ICJ)  rendered its second advisory opinion in two decades, responding to a request from the United Nations General Assembly (UNGA) regarding issues concerning the occupied Palestinian territory. The ICJ, inter alia, grappled with 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?” and “(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?".

The hearings, taking place from February 19 until February 26, will observe 52 states presenting arguments on the legal consequences of Israel's occupation of the Palestinian territories. 

Palestine

Palestinian foreign Minister Riyad Al-Maliki’s statement began by emphasising the multifaceted and atrocious humanitarian situation that Palestinians face, underscoring the pervasive challenges they endure. Minister Al-Maliki stated that “2.3 million Palestinians in Gaza, half of them children, are besieged and bombed, killed and maimed, starved and displaced.” he proceeded by adding that “more than 3.5 million Palestinians in the West Bank, including east Jerusalem, are subject to colonisation of their territory and the racist violence that enables it”. He also mentioned the 1.7 million Palestinians treated as second class citizens and the seven million Palestinian refugees that continue to be denied the right to return. While this is the reality Palestinains have to live with, Israel offers them three options: displacement, subjugation, or death. He added that the UN promised in its charter that all peoples have the right to self-determination and vowed to eliminate colonialism and apartheid worldwide. However, Palestinians have been deprived of this right for decades.

The Palestinian foreign minister proceeded to show the court five maps .The first one was the map of historic Palestine – the territory, he said, where the Palestinian people should have had the right to decide for themselves. The second map displayed the 1947 UN Partition Map, which, according to al-Maliki, ignored the wishes of Palestinians. The third map illustrated that three-fourths of historic Palestine became Israel from 1948 to 1967. “From the first day of its occupation, Israel started colonising and annexing the land with the aim of making its occupation irreversible.

He also added a fifth map that was presented by Netanyahu at the UNGA described as "the new Middle East”. “There is no Palestine at all on this map, only Israel comprising all the land from the Jordan River to the Mediterranean Sea," said al-Maliki. “This shows you what the prolonged, continuous occupation of Palestine is intended to accomplish: the complete disappearance of Palestine and the destruction of the Palestinian people”. According to al-Maliki, Israel's intentions have been unmistakably clear and publicly acknowledged, constituting grave violations of the most fundamental norms of international law. He finalised by stating that “we [the Palestinian people] seek peace which can only be rooted in Justice” 

Legal Determination 

The second speaker, professor Andreas Zimmerman addressed the court on the legal Determination Regarding The General Assembly’s questions. As previously stated, UNGA, under Article 69 of its chapter, has submitted questions to the court seeking a legal determination regarding the ongoing conflict between Israel and Palestine. These questions pertain to serious breaches including human rights violations, denial of self-determination, and racial discrimination. The court's legal determination is essential to address the legal consequences of these breaches. Zimmerman stated that the court is urged not to decline the requested opinion, as there are no compelling reasons to do so, adding that Israel has consistently refused to engage in meaningful negotiations with Palestine based on international law and United Nations resolutions. Despite repeated calls by the Security Council for a solution consistent with international law, Israel has maintained its stance of tolerating only one state - Israel - between the Mediterranean Sea and the Jordan River. This position has been reflected in concrete policy decisions and measures on the ground, including rejecting attempts for meaningful negotiations.

Professor Andreas Zimmerman stated that Israel breaches international law by violating the prohibition against acquiring territory by force, practising racial discrimination and apartheid, and denying Palestinians the right to self-determination. It is crucial to recognize that the United Nations has a continuous responsibility to resolve the question of Palestine satisfactorily in all its aspects. 

Subsequently, legal representative ​​Paul Reichler took the floor to address the legality of Israel’s prolonged occupation, annexation and settlement of the occupied Palestinian territory. His presentation identified the elements that determine whether, and in what circumstances, a belligerent occupation is, or becomes, unlawful under international law. He also reviewed the evidence to assess the presence of these elements. “I will show that based on the applicable and the well-established and undisputed facts Israel’s 56-year occupation of Palestinian territory is manifestly and gravely unlawful and that international law requires that it be brought to an end completely and unconditionally,” he stated. 

Permanent Character of Israel’s Occupation of Palestine Territory