Arab states, Turkey ask World Court to declare Israeli occupation illegal
Arab states urged international judges on Monday to rule the Israeli occupation of Palestinian territories illegal and Turkey described the occupation as "the real obstacle to peace" on the final day of hearings in a case examining its legal status.
ICJ holds public hearings on the legal consequences of Israel's occupation of Palestinian territories, in The Hague.
The International Court of Justice (ICJ) has been hearing arguments from more than 50 states following a request by the U.N. General Assembly in 2022 to issue a non-binding opinion on the legal consequences of the Israeli occupation.
On the sixth and last day of hearings, Turkey's Deputy Foreign Minister Ahmet Yildiz told judges the occupation was the root cause of conflict in the region.
Yildiz also addressed the Oct. 7 attacks by Hamas in Israel, which killed 1,200 people, and Israel's military response that has since killed more than 29,000 Palestinians.
"The unfolding situation after October 7 proves once again that, without addressing the root cause of the Israeli-Palestinian conflict, there can be no peace in the region," he said, describing the occupation of Palestinian territories as "the real obstacle to peace" and urging the judges to declare it illegal.
Israel, which is not taking part in the hearings, has said the court's involvement could be harmful to achieving a negotiated settlement to the Israeli-Palestinian conflict, calling the questions posed to the court prejudiced.
The Arab League's secretary general Ahmed Aboul Gheit described the occupation as "an affront to international justice" in a statement read out in court by a representative.
The vast majority of states who have addressed the hearing at ICJ - also known as the World Court - asked judges to declare the occupation illegal.
A handful of states, including on Monday the small island state of Fiji, argued the ICJ should refuse to give any advisory opinion.
The United States urged the court last week to limit any advisory opinion on the occupation and not order the unconditional withdrawal of Israeli forces from the Palestinian territories.
On Friday the Biden administration said Israel's expansion of settlements in the occupied West Bank was inconsistent with international law, signalling a return to long-standing U.S. policy that had been reversed by the previous administration of Donald Trump.
The ICJ hearings closed on Monday and a date for a decision will be announced in due course, the court said. The 15-judge panel is expected to take roughly six months to issue their non-binding opinion on the occupation.
World powers have also pressed Palestinian factions to end their own divisions over their response to Israel's occupation, the war in Gaza and what political system might follow it.
On Monday Palestinian Prime Minister Mohammad Shtayyeh announced he had resigned to pave the way for a political consensus on a political structure to govern Gaza after the conflict.
‘Israel’s Apartheid Must End’: South Africa Condemns Israel’s Occupation of Palestine During International Court Hearing
South African delegates asserted that Palestinians are suffering from a regime of apartheid as a result of Israel’s occupation of the region.
Representatives from South Africa stated that the occupation is “inherently and fundamentally illegal” during the second day of hearings at the International Court of Justice about Israel’s control over the West Bank, Gaza, and annexed East Jerusalem.
The hearings come after the United Nations General Assembly requested the Netherlands-based court in 2022 to make a non-binding advisory opinion on the legality of Israel’s policies in occupied Palestinian territories.
“We as South Africans sense, see, hear and feel to our core the inhumane, discriminatory policies and practices of the Israeli regime as an even more extreme form of the apartheid that was institutionalized against Black people in my country,” Vusimuzi Madonsela, South Africa’s ambassador, told the ICJ’s 15-judge panel.
More than 50 countries, alongside three international organizations, are set to make arguments during the hearings, which are expected to last until Feb. 26. Much of the international community considers Israel’s occupation illegal, something codified as long ago as November 1967 through the United Nations Resolution 242.
“It is clear that Israel’s illegal occupation is also being administered in breach of the crime of apartheid… It is indistinguishable from settler colonialism. Israel’s apartheid must end,” Madonsela also stated.
Israel is not participating in the hearings. Prime Minister Benjamin Netanyahu refused to recognize their legitimacy. His office said they were “designed to harm Israel’s right to defend itself against existential threats.”
Israel took control of the West Bank, east Jerusalem, and the Gaza Strip in the 1967 Mideast war, according to AP. The government has established settlements on the West Bank that are home to 500,000 Jewish settlers. The Palestinians seek an end to the occupation. United Nations Resolution 2334, which was passed by the Security Council in 2016 by a 14-0 vote with the United States abstaining, underscores the international community’s position on the illegality of the settlements.
The United States government still refuses to take a hardline stance against the current conflict. In their appearance at the hearings, U.S. officials warned that an advisory opinion from the ICJ could impede peace efforts rather than advance them if it’s not properly written.
“A movement toward Israel’s withdrawal from the West Bank and Gaza requires consideration of Israel’s very real security needs,” State Department official Richard Visek told the court.
The U.S. has vetoed three U.N. Security Council resolutions so far calling for an immediate ceasefire in the Gaza Strip. This month, the Biden administration called Israel’s military offensive “over the top” and stated that civilian suffering must stop.
The court’s advisory opinion isn’t expected for months.
Gaza health ministry officials reported that more than 29,000 Palestinians have died as a result of Israel’s ongoing military campaign against Hamas.
South Africa launched a separate case to hold Israel accountable for the war, accusing the country of genocide against Palestinians — allegations the Israeli government strongly denied. The ICJ issued an order last month directing Israel to start enacting “provisional measures” to provide aid to Palestinians and mitigate the bloodshed.
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