52 international locations will probably be presenting proof earlier than judges on the Peace Palace in The Hague. The UN Common Meeting, in 2022, requested an advisory opinion from the ICJ concerning the authorized penalties of Israel’s insurance policies and practices within the Occupied Palestinian Territory, together with East Jerusalem. Nonetheless, the ICJ’s opinion is not going to be binding.
Israel is presently dealing with rising worldwide authorized stress due to the warfare in Gaza. These hearings are totally different from a case introduced by South Africa in opposition to Israel of committing acts of genocide. ICJ dominated in that case, stating that Israel should take all mandatory measures to stop genocide and permit humanitarian assist into Gaza.
Nonetheless, the courtroom didn’t challenge a ceasefire order. On Friday, the ICJ rejected South Africa’s request to impose further measures on Israel however emphasised the significance of totally implementing the ruling.
The Common Meeting has requested the ICJ to deal with two predominant questions.
Firstly, the courtroom will look at the authorized penalties of Israel’s steady violation of the appropriate of the Palestinian individuals to self-determination, together with extended occupation, settlement, and annexation of Palestinian territories since 1967, in addition to measures geared toward altering the demographic composition and character of Jerusalem.
In June 1967, Israel gained a decisive victory within the Six-Day Struggle, capturing the West Financial institution (together with East Jerusalem) from Jordan, the Golan Heights from Syria, and the Gaza Strip and Sinai Peninsula from Egypt.
Israel subsequently started settling the seized Arab territories, which the UN later declared to be unlawful. Below the 1979 peace settlement with Israel, Egypt regained management of the Sinai Peninsula.
Secondly, the ICJ will present recommendation on how Israel’s actions have an effect on the authorized standing of the occupation and the results for the UN and different international locations. The courtroom is anticipated to challenge its ruling on this matter urgently, probably by the top of the 12 months.
Whereas the ICJ’s judgments are binding in disputes between states, it has restricted technique of implementing them. On this case, nevertheless, the opinion is not going to be binding, as acknowledged by the courtroom itself. Nonetheless, advisory opinions typically carry important ethical and authorized authority and might ultimately grow to be a part of worldwide regulation.
Israel has notably chosen to not take part in these hearings and has strongly condemned the UN’s request. Prime Minister Benjamin Netanyahu described it as “despicable” and “disgraceful”.