This Monday, February 19th, the historic hearings at the International Court of Justice (ICJ) begin. 52 states are preparing to defend their positions on 56 years of Israeli occupation of the Palestinian territories and the consequences of this policy.
Published on: 02/19/2024 – 00:04
5 minutes
With our correspondent in The Hague,
It's a new six-day war, this time legal, starting at the International Court of Justice (ICJ). Ministers, diplomats and lawyers from 52 countries and three international organizations will take part from February 19 to 26, 2024 at the Peace Palace in The Hague, where the fifteen judges of the World Court sit. The United Nations' highest court must examine the roots of the Israeli-Palestinian conflict.
If this procedure is not linked to the lawsuit filed by South Africa at the end of December accusing Israel of committing genocide against the Palestinians in Gaza, the war between Israel and Hamas that has been going on since October 7 will undoubtedly ensue. While Israeli Prime Minister Benjamin Netanyahu wants to make this war a global fight against terrorism, the hearings organized at the World Court will inevitably place this latest episode in the broader context of the Israeli-Palestinian conflict.
Israel will not plead in The Hague
The appeal to the International Court of Justice dates back to December 30, 2022. On that day, the UN General Assembly asked this Court to provide legal advice on the legality or illegality of the Israeli occupation and its consequences. Two questions are then presented to the fifteen judges, who must say what are “the legal consequences of Israel’s violation of the Palestinians’ right to self-determination, its occupation, its colonization and its continued annexation of Palestinian territory since 1967.”
The volunteer states submitted written submissions to the court in July 2023, long before that the October 7 attacks carried out by Hamasand the reprisals that followed. Only a few states submitted a response before the court's Oct. 25 deadline. The court will therefore move on to the final round of pleadings from Monday, this time viva vocce.
But Israel will not come to plead at the Peace Palace. The Jewish state is against this approach. He claims that it aims to “demonize” Israel and that resolving the conflict is not the job of international justice. On Monday, February 19, the Palestinians have three hours to present their case. Until February 26th, the volunteers, i.e. the 51 other states and the three multilateral organizations – the African Union, the Arab League and the Organization of the Islamic Conference (OIC) – will take turns at the desk in front of the judges. for short arguments of 30 minutes.
A plea by proxy
If the Jewish state refuses to appear in The Hague, several countries will still defend its positions, including its closest allies, the United States, the United Kingdom and Canada. Israel's three allies assert that the hearings could damage negotiations on the future of the occupied territories. They ask the judges not to answer in detail, neither on the status of the territory nor on these borders. The Palestinians and their allies, who will outnumber the opposing party in The Hague, are instead demanding a precise response from them.
Over six days, the pleadings of Algeria, South Africa, Jordan, Ireland and others will examine in more detail the evils resulting from the occupation: apartheid, forced displacement, self-determination, resources, natural resources, status quo of the Holy City, annexation of Jerusalem, impunity and, of course, colonization of the Palestinian territories. This has been the case since the October 7 attacks Colonization is progressing rapidly with the approval and instigation of the far-right ministers in the Netanyahu government, Itamar Ben Gvir and Bezalel Smotrich. Several construction projects have recently been approved, particularly in East Jerusalem.
In its memorandum presented in July, Paris also rejects any annexation, especially of Jerusalem, and clearly condemns colonization and human rights violations as a result of the occupation. This document was filed in July 2023, when Catherine Colonna was Secretary of State. Will the Paris briefs return to these positions?
The scope of future comment will depend on the States
And will the justices' response help breathe life into attempts to break the impasse in which this conflict finds itself? The use of these hearings also depends on how extensive the states want to give them. Will their opinions provide potential negotiators with a basis for agreement as the West once again promotes the “two-state solution” and Prime Minister Benjamin Netanyahu recently rejected any possibility of a Palestinian state?
If the judges fully answer the questions posed by the UN General Assembly, will their opinion weigh on Israel's near or distant allies, even if it is not mandatory? The hearings could also address two collateral issues related to the ongoing conflict: the self-defense used by Israel to justify its use of force and the status of Gaza, over which jurists disagree. Is the enclave considered occupied even though Israeli forces withdrew from the area in 2005 and organized a blockade two years later?
Since its founding in 1946, the International Court of Justice has issued 30 legal opinions and its judges have ruled on the occupation at least twice: in the case between the Democratic Republic of Congo (DRC) and Uganda in 2005. And when they were ruled on the legality of Israel's occupation The “wall” built in 2004 was consulted. The judges ordered the demolition of the wall, which was deemed illegal. It was like a test run for the big oral exam that starts on Monday. Their opinion – which is not binding – had only marginal impact.
Also read: UN says Israeli occupation is the 'root cause' of tensions in the Middle East