ICJ Tackles Legality of Israel’s Occupation in Historic Hearings

A landmark judicial review is underway as the International Court of Justice (ICJ) commences a week-long examination into the legality of Israel's long-standing occupation of Palestinian lands. This inquiry is significant for the international community and is distinct from, but echoes, South Africa's genocide case against Israel.

Since 1967, Israel's control over the West Bank, Gaza, and East Jerusalem has been a subject of unending controversy and conflict. Week-long hearings at the ICJ are poised to scrutinize Israel's actions amid ongoing strife that has led to the death of over 29,000 Palestinians since October 7.

The Palestinian legal team presents a compelling argument based on three breaches of international law: unlawful territorial conquest through annexation of land, violation of the right to self-determination, and imposition of a system tantamount to racial segregation and apartheid. Urging the court to expand its advisory role, Palestinian representatives led by Omar Awadallah express fervent hopes for tools to address these "illegalities" under the mantle of peaceful, legal resolution methods.

The proceedings will witness interventions from an unprecedented set of 51 countries and three organizations, including the League of Arab States, Organization of Islamic Cooperation, and African Union. Israel, however, opts for written observations over oral argumentation.

The hearings trace back to a significant UNGA resolution in December 2022 that set the stage for the ICJ's advisory process. This move has been perceived with palpable contention by Israel, which contests the legitimacy of the court's upcoming decision.

These dramatic developments bring to the fore the contentious history of the region, particularly since 1967 when Israel captured these territories in a war and later proceeded to build numerous settlements, now housing hundreds of thousands of Israeli citizens. With ground realities such as Israel's control of Gaza's borders, annexation of East Jerusalem, and persistent settlement expansion in the West Bank, the international community overwhelmingly views these actions as violations of international law.

Standing as a cornerstone moment, the ICJ hearings aim to not only dissect the legal underpinnings of Israel's occupation but also address the broader ramifications of prolonged conflict and settlement. Israel's engulfment of East Jerusalem, inflaming tensions over some of the city's most sacred sites, and the upholding of settlement activities underscore the charged atmosphere this ICJ investigation seeks to alleviate.

The reverberations of the ICJ's ensuing advisory opinion will be manifold, both in the immediacy of legal interpretation and the long-term pursuit of peace and justice in a region marred by decades of turmoil.