THE HAGUE, Netherlands (CN) — South Africa, the first of a record-setting 52 countries participating, took to the podium in the Great Hall of Justice at the United Nations' highest court on Tuesday to present their views on Israel's presence in Palestinian territories.
The U.N. General Assembly asked the Hague-based International Court of Justice to weigh in on Israel’s legal obligations in the Palestinian territories, as well as the obligations of all other countries, and to issue an advisory opinion.
South Africa argued that a lack of international accountability in the areas Palestinians claim for a future state has led to the current conflict. “[It] emboldens Israel to commit the crime of crimes: genocide,” Vusimuzi Madonsela, South Africa’s ambassador to the Netherlands, told the 15-judge panel.
Madonsela’s country has brought a separate case at the court, accusing Israel of committing genocide against the Palestinian people. Last month, judges said there was a risk that genocide could occur in the Gaza Strip and ordered emergency measures against Israel.
Algeria, Saudi Arabia, the Netherlands, Bangladesh, Belgium, Belize, Bolivia, Brazil and Chile also spoke on Tuesday. Most of the statements were unabashedly critical of Israel.
"The prohibition of apartheid is not limited to southern Africa," said Philippa Webb, one of the lawyers representing Belize.
During its statements on Monday, Palestine told the court it had been living under an effective apartheid regime for more than 50 years.
The 52 countries and three international organizations that requested to address the court were broadly slotted in alphabetical order, but some adjustments were made to accommodate scheduling.
Israel has provided the court with a five-page written statement but will not participate in the oral hearings. It argues that the matter should be settled by negotiations and that the country has the right to defend itself.
The request for the advisory opinion predates Hamas’ attack last year on Israel and Israel’s subsequent military response in Gaza. After years of pressure from human rights groups and Palestinian advocates, the United Nations General Assembly passed a resolution in December 2022 to ask the court two questions about the ongoing situation. The first concerns the legal obligations of Israel in the Palestinian territories and the second asks what obligations arise for other countries.
Following the 1948 Arab–Israeli War, the so-called Green Line was established, creating a demarcation line between Israel and its neighbors. However, those boundaries have never been firm and have shifted during other conflicts and peace agreements, with Israel taking increasing control over lands where Palestinians live. Since 1967, the West Bank, including East Jerusalem, and the Gaza Strip are considered “occupied territories” by the United Nations.
Canada was also booked to speak but dropped out at the last minute. Ottawa said the country felt its written submission was sufficient. “An oral intervention would simply be a repetition of those points,” Marilyne Guèvremont, spokesperson for Global Affairs Canada, said in a statement.
Advisory opinions are not legally binding. In 2004, the court issued an advisory opinion about the Israeli construction of a wall around East Jerusalem, finding the barrier violated international law. The wall remains, even after the United Nations General Assembly passed a resolution calling on Israel to heed the opinion.
Hearings will continue on Wednesday, when the United States, among others, will speak.
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