THE HAGUE, Netherlands (CN) — Palestine told judges at the highest court of the United Nations on Monday that Israel has been illegally occupying its land for more than 50 years, subjecting Palestinians to discriminatory and apartheid policies.
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.
"Israeli leaders no longer feel the need to hide their intentions. They speak openly about getting rid of Palestinians one way or another," said Riyad Mansour, the Palestinian representative to the United Nations. By the end of his statement, Mansour had broken down in tears.
While the Hague-based court mostly settles disputes between countries — such as the ongoing case between Israel and South Africa over charges of genocide — certain U.N. bodies can ask the judges to weigh in on all sorts of legal questions, issuing what are known as advisory opinions.
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 Palestine 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. Palestine says that the length of this occupation is illegal. "A permanent occupation is a legal oxymoron," said Paul Reichler, one of the lawyers representing Palestine.
The legal team also argued that Israel discriminates against Palestinians living in these territories, creating an effective apartheid state. "This is the version of 21st century apartheid. This is apartheid," argued Namira Negm, another member of the legal team. She told the court that Palestinians experience something worse than was ever seen under apartheid in South Africa.
The request for the advisory opinion predates Hamas’ attack last year on Israel and Israel’s subsequent military response in Gaza. In separate proceedings, South Africa filed a complaint in December accusing Israel of committing genocide against the Palestinian people.
The International Criminal Court also has an investigation open into the situation in Palestine.
The court has received a record amount of interest in the proceedings. Fifty-seven countries and three international organizations have submitted written arguments and 54 will make oral presentations, including the United States. Israel has submitted written statements but will not participate in the hearings.
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.
Mansour, who spoke to the media following his presentation, told reporters he was optimistic the decision would be respected. “We expect everyone to uphold it,” he said.
Although advisory opinions are not legally binding, they carry substantial weight. “The International Court of Justice is set for the first time to broadly consider the legal consequences of Israel’s nearly six-decades-long occupation and mistreatment of the Palestinian people,” said Clive Baldwin, senior legal adviser at Human Rights Watch, in a statement.
The court typically issues advisory opinions six months after oral hearings.
Hearings will continue on Tuesday, when the court will hear from South Africa, The Netherlands and Saudi Arabia.
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