ICJ to Issue Advisory Opinion on Israel’s Occupation of Palestinian Territories

The International Court of Justice (ICJ) is set to deliver its advisory opinion on the legal consequences of Israel’s occupation of Palestinian territories since 1967. This follows a request by the UN General Assembly in late 2022 for the court to evaluate the implications of Israel’s policies and practices in these regions, including East Jerusalem.

The court’s opinion, while non-binding, comes at a critical time of escalating tensions and international concern over the conflict in Gaza. The recent intensification of hostilities, initiated by Hamas’s attacks on October 7, has drawn global attention to the longstanding issues of occupation and human rights.

The ICJ will address two main questions posed by the General Assembly. Firstly, it will assess the legal consequences of Israel’s alleged ongoing violation of the Palestinian people’s right to self-determination, focusing on the extended occupation, settlement activities, and annexation efforts in territories seized during the 1967 Six-Day War. This war resulted in Israel taking control of the West Bank, including East Jerusalem, the Golan Heights, Gaza Strip, and Sinai Peninsula, with subsequent settlements established in these areas.

Secondly, the court will consider how Israel’s actions impact the legal status of the occupation and the implications for the UN and other countries. This includes examining the effects of discriminatory legislation and measures enacted by Israel in the occupied territories.

Despite Israel’s decision to abstain from oral hearings, it submitted written statements labeling the questions as “prejudicial” and “tendentious”. In contrast, most countries that participated in the February hearings urged Israel to end its 57-year occupation, citing significant risks to regional and global stability.