THE HAGUE, Netherlands (CN) — The United States told the U.N.’s highest court it should not try to solve the entirety of the Palestine issue on Wednesday, arguing instead for negotiations with Israel.
Fifty-two countries and three international organizations are making oral arguments during a week of hearings at the International Court of Justice, which has been asked by the United Nations General Assembly to clarify Israel’s legal obligations in the Palestinian territories, as well as the obligations of all other countries.
“The court should not take up the suggestion of some to interpret the questions in this proceeding as encompassing the entire question of Palestine," State Department legal adviser Richard Visek said in his statement at the Hague-based court. "The request seeks advice only with respect to the legal consequences of the conduct of one of the parties to the underlying conflict.”
Visek went on to say that Israel has very real security needs and cautioned the 15 judges against calling on Israel to withdraw from Palestinian territories unilaterally. Instead, he stressed the need for bilateral negotiations between the two.
Ten countries spoke in the Great Hall of Justice on Wednesday, including Cuba, France and Hungary. The overwhelming number of countries participating in the proceedings so far have condemned Israeli behavior in the Palestinian territories.
"Israel has deliberately and wantonly created conditions of life that are intended to make life in Gaza impossible," Egyptian lawyer Jasmine Moussa told the court.
Several countries, including the United Arab Emirates and Egypt, called for the establishment of a Palestinian state along the 1967 borders with East Jerusalem as its capital.
“The horrors that have unfolded over the last few months, the 7th of October attack on Israel, the destruction of the Gaza Strip and the oppression in the West Bank underscore the desperate need for realizing the two-state solution in the context of this grim reality,” said Lana Nusseibeh, speaking on behalf of the UAE. It was the first time her country had participated in advisory proceedings at the court.
Hungary offered Israel the strongest support, calling the Oct. 7 attacks “the worst terrorist attacks in the past 100 years.” Hungary wants the court to decline to issue an opinion at all, which the judges could choose to do. “These proceedings are not the appropriate proceedings,” lawyer Gergo Kocsis, said on behalf of Hungary. Instead, Hungary said the matter should be settled through bilateral negotiations.
While hearings were underway in The Hague, Israel's parliament, the Knesset, voted against a motion to recognize the establishment of a Palestinian state. "The vote today sends a clear message to the international community," Prime Minister Benjamin Netanyahu said of the move.
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.
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.
On Tuesday, South Africa was the first country to present its oral arguments. It told the 15 judges that a lack of international accountability has emboldened Israel to commit genocide in the Gaza Strip.
Pretoria has launched a separate case at the same 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.
The court typically issues advisory opinions six months after oral hearings. Hearings will continue on Thursday, when the court will hear from China, Iran and Iraq, among other countries.
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