What is Israel’s illegal occupation of Palestine lawsuit at the International Court of Justice? | Israel War on Gaza News
Less than a month after giving Tel Aviv instructions in a different case accusing it of committing genocide in the Gaza Strip, the International Court of Justice will start hearings on Monday against Israel’s occupation of Palestinian lands. As.
At least 52 nations will debate Israel’s divisive policies in the West Bank, Gaza Strip, and occupied East Jerusalem in the first case of its type. Since the Court was founded in 1945, this is the case where the most parties have ever participated in a single ICJ case.
Since 1967, Israeli forces have been occupying the West Bank and East Jerusalem unlawfully. These areas were part of Palestine when the country was divided historically.Hundreds of Palestinians have been killed by Israeli forces attacking them in the West Bank, even as the Gaza War enters its fifth month.
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The International Court of Justice (ICJ) stated in a statement last week that all nations and three international organizations are anticipated to support or oppose Israel’s activities during the roughly week-long oral arguments in the case. Why has Tel Aviv declined to do this, choosing to provide written justifications instead? It is expected that a court decision will be made in a few months.
What you should understand about the case:
Who initiated legal action against Israel
On December 30, 2022, the United Nations General Assembly (UNGA) received a request, and a majority of members decided toIsrael took possession of East Jerusalem and the West Bank, which had been ruled by Jordan but had populations primarily Arab, during the 1967 Six-Day War. The majority of nations, as well as the UN, continue to view occupied East Jerusalem as the future capital of a Palestinian state and maintain that Israel’s possession of the region is unlawful under international law.
What’s the ICJ case against Israel’s illegal occupation of Palestine?
The UNGA urged the judges to respond to concerns regarding how the occupation and ongoing efforts to remove Palestinians affect their rights and what are their obligations in a lengthy communication to the ICJ signed by UN Secretary-General Antonio Guterres. These offenses were directed towards the United Nations and its member states.
“What are the legal consequences of Israel’s continued violation of the Palestinian people’s right to self-determination, its prolonged occupation, settlement and annexation…, and the adoption of related discriminatory legislation and measures?” said Missio at the UNGA.
The UNGA requested that the court use the UN Charter, several UN resolutions, and international humanitarian law to address these concerns. Human Rights Watch claims that Israel is committing crimes against humanity in the occupied territories by enforcing practices that resemble apartheid and persecution.
This is the second time that the Hague-based court—which hears and rules on disputes involving states—will address Israel’s illegal occupation. Israel’s “barrier wall,” which divides many Palestinian families in the West Bank, was declared unlawful and has to be taken down by the International Court of Justice in 2004. Israel, on the other hand, disapproved of the ruling and has subsequently enlarged the wall.
Which nations are going to take part?
From Monday, February 19 to Monday, February 26, the oral hearing will proceed.
Over the week, 52 nations—roughly ten every day—will make their cases before ICJ judges. In fact, most of them supported the UN’s decision to send the case to the ICJ. A few abstained, and Canada and a few others voted against.
Hearings for the State of Palestine’s legal teams will start on Monday. Speakers on Tuesday will include delegations from South Africa and Canada. Between Wednesday and Thursday, the US, China, and Russia will take the floor, and the Maldives will complete the last offer.
The African Union, the Organization of Islamic Cooperation, and the League of Arab States are the three multilateral organizations that will also make presentations throughout the proceedings.
Is this any different from the South African case before the ICJ against Israel?
Yes, it is. The case is unrelated to another International Court of Justice case that was filed in South Africa on December 29 and claimed that Israel is carrying out genocide in Gaza as part of the continuing conflict on the Strip.
In an initial decision in the matter, the judge mandatedThe trial, which starts on Monday, covers a wide range of issues including transgressions of international law that have beset all Palestinian territory, but it has no direct bearing on Israel’s ongoing attack on Gaza. binds to the viewpoint of Abib.
What possible ruling might the court make?
The UNGA elects the fifteen international judges that make up the ICJ for nine-year terms. Currently serving as President is Lebanon’s Justice Nawaf Salam.
After hearing lengthy presentations, judges will write their conclusions. Although the timing of the opinion’s issuance is uncertain, the ICJ procedure is labor-intensive and often takes time. According to some legal experts, the opinion might be issued before the year is over.
It is challenging to forecast with precision the Court’s opinion in this case, let alone the exact language of such opinion. Earlier rulings by the International Court of Justice (ICJ) against Israel include its 2004 ruling on the West Bank wall and its January interim measures, which many analysts believe will prevent Israel from effectively stopping its war on Gaza. able to take action
The Security Council and Israel are not have to abide by the court’s ruling once it is made public, hence they are not required to do so. Experts feel that the International Court of Justice’s ruling is overly significant and may put more pressure on Israel and the US, its most ardent friend, to abide by international law.
