Israel back in the dock at the ICJ
Palestinian Foreign Minister Riyad Al-Malki yesterday told the UN's top court that his people are suffering ‘colonialism and apartheid’ under the Israeli occupation, as judges weigh the legal consequences of the Israeli occupation.
Business Day reports that the International Court of Justice's (ICJ's) 15-judge panel has been asked to review Israel’s ‘occupation, settlement and annexation...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’.
An unprecedented 52 countries –including SA – are expected to give evidence.
The US, Russia, and China will also address judges at the Peace Palace in The Hague, seat of the ICJ.
In December 2022, the UN General Assembly asked the ICJ for a non-binding ‘advisory opinion’ on the ‘legal consequences arising from the policies and practices of Israel in the Occupied Palestinian Territory, including East Jerusalem.’
While any ICJ opinion will be non-binding, it comes amid mounting international legal pressure on Israel over the war in Gaza sparked by the 7 October Hamas attacks.
France24 notes that the hearings are separate from a high-profile case brought by SA alleging that Israel is committing genocidal acts during the current Gaza offensive.
The ICJ last month ruled that Israel must do everything in its power to prevent genocide and allow humanitarian aid into Gaza, but stopped short of ordering a ceasefire.
As previously reported, the ICJ on Friday rejected Pretoria’s bid to impose additional measures on Israel, but reiterated the need to carry out the ruling in full.
The General Assembly has asked the ICJ to consider two questions.
Firstly, the court should examine the legal consequences of what the UN called ‘the ongoing violation by Israel of the right of the Palestinian people to self-determination’. This relates to the ‘prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967’ and ‘measures aimed at altering the demographic composition, character and status of the Holy City of Jerusalem’.
France24 notes that the ICJ has also been asked to look into the consequences of what it described as Israel's ‘adoption of related discriminatory legislation and measures.’
Secondly, the ICJ should advise on how Israel's actions ‘affect the legal status of the occupation’ and what are the consequences for the UN and other countries.
The court will ‘urgently’ rule on the matter, probably by the end of the year. However, in this case, the opinion it issues will be non-binding.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
