Landmark Hearings at UN Top Court Examining Israeli Occupation Ongoing

By Al Mayadeen English

The (ICJ) is currently examining arguments from more than 50 states after a 2022 request by the UN General Assembly for a non-binding opinion on the legal consequences of the Israeli occupation.

The UN's top court, the International Court of Justice (ICJ), is currently reviewing arguments from over 50 states following a 2022 request by the UN World General Assembly for a non-binding opinion on the legal consequences of the Israeli occupation. 

These hearings are part of a Palestinian effort to have international legal institutions scrutinize Israeli atrocities. "Israel", not participating in the hearings, said in written comments that the Court's involvement could be detrimental to achieving a negotiated settlement.

During the hearings, Ma Xinmin, a Chinese Foreign Ministry legal advisor, said that China “has consistently supported the just cause of the Palestinian people in restoring their legitimate right."

“Chinese President Xi Jinping has stressed on multiple occasions that China calls for a comprehensive ceasefire and the early solution to the question of Palestine on the basis of a two-state solution through negotiation,” he said.

He highlighted that the assertion is made that, "in the pursuit of the right to self-determination," the Palestinian people view the use of force as an "inalienable right" to "resist foreign oppression" and establish an independent state.

China has formally requested the International Court of Justice (ICJ) to provide its legal opinion on the illegality of the Israeli occupation of the Palestinian territories.

"Justice has been long delayed, but it must not be denied," China's Foreign Ministry's legal advisor told the Court in The Hague, in the Netherlands.

"Fifty-seven years have passed since Israel began its occupation of the OPT (Occupied Palestinian Territories). The unlawful nature of the occupation and sovereignty over the occupied territories remain unchanged," he said.

Iran holds UNSC responsible for Israeli atrocities

On his account, Raza Najafi, Iran's Deputy Foreign Minister for legal and international affairs, stated at the ICJ that “we remain at a turning point in the history” of humanity.

“The opinion of this court can set the ground for saving the lives of thousands of innocent women and children and contribute to the legitimate demand of the people deprived of their inherent right to self-determination,” he said.

Najafi then outlined a series of actions that, according to him, constitute the continued violations by the Israeli occupying regime, from the extended occupation to changes in demographic composition in the occupied territories, alterations to the character and status of the Holy City, discriminatory measures, and violations of the rights of the Palestinian people to permanent sovereignty over their natural resources.

In his concluding statements at the ICJ, Najafi asserted that "the lack of action or inadequate action by the Security Council" is one of the "primary factors contributing to the prolonged occupation of the Palestinians."

“All the atrocities and crimes committed by the Israeli regime in the past almost eight years are a consequence of such inaction,” he said.

Even today, he stressed, the UNSC is “paralyzed due to the stalemate” caused by a “certain permanent member."

He concluded by stating that the court is anticipated to deliver its advisory opinion in a way that "effectively and practically strengthens the rule of law" and instills "hope among Palestinians that justice will ultimately triumph."

When Palestinians require the backing and aid of humanity at the most crucial juncture, "we should not leave them alone and let them down,” he said. 

“This is a collective legal and moral responsibility, and we must fulfill it responsibly,” he added.

Halt 'Israel’s campaign of mass murder': Iraq

Hayder Shiya al-Barrak, Iraq's representative at the ICJ, urged the World Court to uphold past court directives against "Israel", similar to the measures mandated after South Africa's genocide case, to "halt the systematic killing of the Palestinian people."

“We hope that the court’s commitment to justice will lead to additional decisions … affirming its dedication to ending the campaign of mass murder and preventing acts of genocide as well as policies of harassment, blockade, and starvation against the Palestinian people,” he said.

“We hope that the court’s commitment to justice will lead to additional decisions … affirming its dedication to ending the campaign of mass murder and preventing acts of genocide as well as policies of harassment, blockade, and starvation against the Palestinian people,” he added.

Al-Barrak shed light on “the barbaric acts” committed by "Israel", including “air strikes and rocket attacks targeting civilians."

“These acts constitute war crimes executed with a criminal intent” and are serious violations of the laws of war, he said, stressing that "Israel must be held accountable."

Al-Barrak concluded his statement by urging the ICJ to make decisions “that safeguard the lives of the Palestinian men, women, children, and elders, allowing them to enjoy a dignified and secure life where all human rights are achieved."

The persistent settlement activity has been the predominant characteristic of the Israeli occupation of Palestinian territory in the occupied West Bank, including occupied al-Quds, according to Ireland's representative at the ICJ, Attorney General Rossa Fanning.

"Israel" has employed various methods to acquire and maintain control over Palestinian land for "non-military purposes", as per Fanning's statement.

“Once in control, Israel has undertaken permanent construction on this land, in particular developing or encouraging the development of permanent settlements, onto which it has incentivized large numbers of its own citizens to transfer," he stressed.

“Through its actions, Israel has fundamentally altered the demographics of the West Bank,” he added.

Ireland has determined that the Israeli extended occupation of Palestinian territory, along with its settlement activities spanning over half a century, constitutes significant violations of several fundamental principles of general international law.

The representative from Ireland further asserted that "Israel" has violated essential tenets of international humanitarian law, such as the right to self-determination for the Palestinian people and the prohibition of acquiring territory through force.

'Two-state solution' only viable path: Japan

Tomohiro Mikanagi, a legal advisor from Japan's Foreign Ministry, expressed to the ICJ that Japan maintains the belief that a "two-state solution ... remains the only viable path for both peoples."

“Japan emphasizes the conflict between the Israeli side and Palestinian side should be solved not through any violent acts or unilateral action but through negotiations and efforts for mutual trust among the parties concerned while respecting international law,” he added.

On his part, Ayman Safadi, Jordan's representative at the ICJ, initiated his presentation by stating, "Israeli aggression on Gaza, which your esteemed court has indicated warrants examination of plausible genocide, rages on." He further emphasized that this aggression must cease and those accountable for it should be held accountable.

“No country must be allowed to be above the law,” he added. “Israel is acting and has been allowed to act in complete disregard of international law that cannot continue; the occupation is unlawful, it is inhumane, it must end, yet Israel has been systematically consolidating the occupation that is blatantly denying Palestinian’s right to self-determination,” he went on to say.

In the same context, Ahmad Ziadat, Jordan's Minister of Justice and second representative, asserted that Israeli transgressions against Muslim and Christian sacred sites violate international law. Ziadat cited numerous raids, assaults, and closures of al-Aqsa Mosque compound. He further contended that attacks on holy sites in al-Quds jeopardize their integrity.

“They inflame the global religious tension and create confrontations along religious lines,” he said.

Michael Wood, also representing Jordan, said at the ICJ hearing that “the only way for the [Palestinian] right to self-determination to be exercised is for the [Israeli] occupation to come to an end."

He also slammed "Israel’s" policies and practices as in violation of the law of occupation, which applies throughout the occupied Palestinian territory, criticizing "Israel's" persistence in a policy of progressively establishing illegal settlements in so-called outposts.

According to Wood, Israeli settlements undermine the establishment of a sovereign, independent, contiguous, and viable Palestinian state, and considering the Israeli policies and practices when considered in their entirety, "Israel’s" intention to further usurp occupied Palestinian territory becomes crystal clear, especially that the Israeli occupation is being carried out for purposes contrary to international law.

Michael Wood called for the end of Israeli occupation across all Palestinian territory – that is for the West Bank, including "East Jerusalem", and Gaza, as urgently and rapidly as possible.