The International Court of Justice will hear arguments from greater than 50 nations this week on the legality of Israel’s occupation of Palestinian territories. It is the primary time the world’s highest court docket has been requested to offer an advisory opinion on the problem, which has been the topic of years of debates and resolutions on the United Nations.
The hearings are anticipated to deal with many years of Israeli actions within the Palestinian territories, together with the West Bank and East Jerusalem. But the arguments have gained urgency amid the deadliest ever Israeli-Palestinian conflict, in Gaza, and fewer than a month after the court docket ordered Israel to restrain its assaults in Gaza in a separate case.
The periods started on Monday on the Peace Palace in The Hague. Israel has not appeared, but it surely has filed a written submission rejecting the validity of the proceedings.
Here is what to know.
What is the International Court of Justice?
The I.C.J., based mostly in The Hague, was established by the U.N. Charter in 1945 to rule on problems with worldwide regulation and settle disputes amongst nations. Only states can carry circumstances earlier than the court docket. All nations belonging to the United Nations are mechanically members of the court docket and are anticipated to simply accept its jurisdiction.
The court docket has lengthy had a low profile, typically coping with staid points resembling border disputes. But extra not too long ago it has been drawn into urgent conflicts, notably between Ukraine and Russia and Israel and the Palestinians in Gaza.
The court docket’s rulings are binding, but it surely has no energy to implement them; it expects states to place them into place. Governments at instances ignore them once they consider their pursuits are threatened.
The judges can be requested to offer advisory opinions, as on this occasion. Advisory opinions carry authority and authorized weight, however they don’t seem to be binding.
What will occur on the hearings?
The six days of hearings deal with the legality of Israel’s “prolonged occupation, settlement and annexation” of Palestinian territories. The Palestinian Authority’s international minister, Riyad al-Maliki, opened the periods, and representatives for the Palestinians — together with a crew of outstanding worldwide attorneys — are anticipated to argue that Israel has lengthy abused Palestinian rights with impunity.
Starting Tuesday, different audio system will likely be allotted half-hour every, with representatives of 52 nations — excess of common for hearings on the court docket — scheduled to take part. Among them are influential supporters of Israel, together with the United States and Britain, in addition to critics, together with China and Russia.
While these periods have been deliberate for a 12 months, they’ve stirred consideration in gentle of the bloodshed in Gaza and on the heels of a genocide case introduced towards Israel on the court docket.
Is this tied to the genocide accusations?
Legally talking, the 2 issues are unrelated. Hearings final month earlier than the identical court docket have been initiated by South Africa, which hoped to get Israel to cut back the depth of its navy marketing campaign to crush Hamas after the group’s lethal assaults in October. Israel’s invasion of Gaza has largely razed the territory and produced large-scale civilian casualties.
The judges didn’t rule on whether or not Israel was committing genocide towards Palestinians in Gaza however decreed that Israel should take motion to stop it.
Who requested these hearings?
Sessions this week have been requested by a decision of the United Nations General Assembly in December 2022. Essentially the judges are being requested to assessment a panoply of Israel’s longtime insurance policies and the legality of Israel’s persevering with occupation.
What’s driving them?
One focus will likely be Israel’s settlement coverage within the West Bank and East Jerusalem — each formally promoted enlargement of settlements for Israeli residents on Palestinian territory in addition to the federal government’s tolerance of violent land grabs by settlers.
Every Israeli authorities has allowed some Israeli development, however the Netanyahu authorities has expanded this system and introduced plans for hundreds of latest housing items. More than 400,000 Israelis have settled within the West Bank since 1967.
Navanethem Pillay, who led a U.N. fee of inquiry that urged the General Assembly to hunt the court docket opinion on the legality of the occupation, mentioned, “Israel has ignored numerous U.N. resolutions, including on illegal settlement.” But the court docket had by no means seemed into the lawfulness of extended occupation.
How are the I.C.J. and I.C.C. completely different?
The International Criminal Court and the International Court of Justice are sometimes confused. The I.C.C., began in 2002, is a prison court docket unbiased of the United Nations and prosecutes circumstances towards people fairly than nationwide governments. It hears circumstances involving essentially the most severe worldwide crimes, together with genocide, crimes towards humanity and conflict crimes.
A case was introduced by the Palestinians towards Israeli leaders on the I.C.C. in 2015, however there was little progress.
When will an advisory opinion be issued?
Joan E. Donoghue, an American decide who ended her time period as I.C.J. president this month, not too long ago mentioned the opinion would wish to reply “a complicated and quite detailed set of questions.” Arriving at these solutions, she mentioned, would take at the least a number of months.
https://www.nytimes.com/live/2024/02/19/world/israel-hamas-war-gaza-news