The International Court of Justice (ICJ) in The Hague began hearings on Monday on the legal consequences of Israel’s occupation of the Palestinian territories since 1967.
The hearings, with contributions from an unprecedented 52 countries, are in response to a request from the UN General Assembly in December 2022 for the ICJ to provide a non-binding advisory opinion on Israel’s policies in the Occupied Palestinian Territory, including East Jerusalem.
This is the second time that the ICJ has been asked by the UN General Assembly for advice on the long-standing conflict. A previous ruling in July 2004 found Israel’s separation barrier in the West Bank to be in violation of international law and recommended its removal. However, the barrier remains in place.
Israel has decided not to participate in the current hearings, with Prime Minister Benjamin Netanyahu sharply criticising the 2022 UN request as ‘despicable’ and ‘disgraceful’.
The Foreign Minister of the Palestinian National Authority Riyad al-Maliki described his part in the proceedings as a great responsibility, and said it was an honour to represent Palestine in these “historic proceedings”. He portrayed in detail the plight of the Palestinians in the Gaza Strip, in the West Bank including East Jerusalem and in Israel, painting a vivid picture of the siege, violence and discrimination against the Palestinian people.
The ICJ’s six-day hearing on the “Consequences of Israel’s Occupation” aims to clarify the legal status of Israel’s occupation of the West Bank, Gaza and East Jerusalem since 1967.
The hearings are distinct from South Africa’s genocide complaint against Israel. They will be followed by a period of deliberation by the judges until 26 February, after which an advisory opinion will be issued.
The hearings come amid escalating tensions, with Israel threatening an assault on Rafah in Gaza at the start of Ramadan on 10 March unless Hamas releases the hostages they still hold. At the same time, the humanitarian situation in Gaza is deteriorating, highlighted by the closure of Gaza’s largest remaining Nasser Hospital in Khan Younis, further exacerbating the health crisis facing the besieged population.
At least 28,985 people have died in Gaza since the conflict began on 7 October, the Hamas-run territory’s health ministry said on Sunday. The ministry also reported 127 deaths in the past 24 hours, bringing the number of injured to 68,883.
