Recent news has highlighted a historic event: the hearings before the International Court of Justice concerning the Israeli occupation of territories claimed by the Palestinians. This decades-long debate was brought before a panel of international judges as the region is plunged into an unprecedented war.
Fifty-two countries are participating in these hearings in The Hague, which constitutes a record for the Court. This case arises from a request for an advisory opinion from the United Nations General Assembly in 2022. The judges will have to consider the legal consequences of Israel’s continued violation of the Palestinian people’s right to self-determination, due to the prolonged occupation, settlements and annexation of the Palestinian territories occupied since 1967.
The court, created after World War II to allow countries to resolve conflicts without resorting to violence, is expected to take several months to issue its decision. It should be noted that the opinion of the ICJ will be consultative and not binding.
The current case is separate from January’s proceedings relating to South Africa’s accusations of genocide against Israel in the conflict with Hamas. In that case, an overwhelming majority of the court called on Israel to prevent the genocide of Palestinians in Gaza, without requiring an end to the Israeli military campaign, as South Africa had requested. At the time, Israel had already indicated that it would not accept the ICJ’s decision, saying that no one would stop them from doing whatever they wanted.
Perspectives clash in this debate. Palestinian Authority Foreign Minister Riyad al-Maliki stressed that successive Israeli governments had left the Palestinian people with only three options: displacement, submission or death. He argued in favor of recognition by the ICJ of the right to self-determination of the Palestinian people and for an end to the Israeli occupation.
However, a spokesperson for the Israeli Foreign Ministry, Lior Haiat, criticized the Palestinian Authority for what he sees as a distortion of reality and an avoidance of direct negotiations by seeking a unilateral judgment from the ICJ.
Representatives of the different countries participating in the case will speak starting Tuesday. Israel is not scheduled to intervene in the hearings but has submitted a written document expressing its position.
This case raises key issues and illustrates the complexity of the Israeli-Palestinian conflict. Future developments will be crucial for the region and for the international community.