
The UN’s highest court has been organizing hearings on the legal consequences of Israel’s occupation of the Palestinian territories since 1967, to which an unprecedented number of 52 countries have been invited to testify, AFP and Agerpres reported.
The United States, Russia and even China will address the judges during a weeklong session at the Peace Palace in The Hague, home of the UN International Court of Justice (ICJ).
On December 31, 2022, the UN General Assembly passed a resolution requesting a non-binding “advisory opinion” from the International Court of Justice on “the legal consequences arising from Israel’s policies and practices in the occupied Palestinian territory, including East Jerusalem.” The resolution was adopted by 87 votes to 26 with 53 abstentions, with Western countries divided on the issue and Arab countries voting unanimously in favor.
These hearings are entirely separate from South Africa’s recent approaches to the UN’s top judicial body. Pretoria claimed at the International Court of Justice that Israel’s operations in the Gaza Strip are a violation of the Convention on the Prevention and Punishment of the Crime of Genocide. On January 26, the Court ordered Israel to prevent any possible act of genocide, but did not call for a ceasefire. On Friday, it rejected South Africa’s second request for new measures following Israel’s announcement of an upcoming military offensive in Rafah, where more than half of the country’s 2.4 million residents have taken refuge in the Gaza Strip.
The General Assembly asked the International Court of Justice to consider the “legal consequences” of what the resolution called “Israel’s continued violation of the right to self-determination of the Palestinian people.” It refers to the “long occupation” of Palestinian territory since 1967. It should also consider measures “aimed at changing the demographic composition, character and status of the holy city of Jerusalem.”
In June 1967, Israel waged the Six-Day War, capturing the West Bank and East Jerusalem from Jordan, the Golan Heights from Syria, the Gaza Strip, and the Sinai Peninsula from Egypt. Israel then began an occupation of 70,000 square kilometers of occupied Arab territories, an occupation later declared illegal by the UN.
The ICJ is also asked to examine the consequences of what the UN resolution describes as “Israel’s adoption of discriminatory laws and measures.” It should give its opinion on how Israel’s actions “affect the legal status of the occupation” and their consequences for the UN and other countries.
The court will make an “extraordinary” decision on this case, probably before the end of the year.
Its rulings on disputes between states are binding, although the International Court of Justice has little means of enforcing them.
However, in this case, the conclusion he issues will not be binding. According to the Court, “the body, institution or organization making the application has the right to respond to the opinion by any means at its disposal or not to do so.” But practice has shown that most advisory opinions are taken into account.
The International Court of Justice has already issued advisory opinions on issues such as the legality of Kosovo’s declaration of independence from Serbia in 2008 or South Africa’s occupation of Namibia during the apartheid regime. In 2004, he also issued an opinion saying that some parts of the wall built by Israel in the Occupied Palestinian Territories were illegal and should be demolished.
Israel will not participate in the hearing.
Source: Hot News

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