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At UN Court, Majority of countries argue Israel violated int. law in last historic hearing

The United Nations’ highest court on Monday wrapped up historic proceedings into the legality of Israel’s 57-year occupation of lands sought by Palestinians for a future state, with most voices at the hearing arguing against the Israeli government. Over six days, the International Court of Justice heard from an unprecedented number of countries and the majority argued Israel was violating international law and called for the establishment of an independent Palestinian state.

Quick Read

  • The International Court of Justice concluded a significant six-day hearing on the legality of Israel’s 57-year occupation of Palestinian territories, with the majority of participating countries arguing against Israel’s actions.
  • The hearings were in response to a request from the U.N. General Assembly for an advisory opinion on Israel’s policies in the occupied lands, including East Jerusalem.
  • Countries like Turkey emphasized the occupation as a major barrier to peace and advocated for the realization of a two-state solution with Israel and Palestine living side by side.
  • Fiji and the United States were among the few voices cautioning the court against issuing an opinion that might not take into account the security concerns of Israel, especially highlighting the recent Hamas attacks that initiated the war in Gaza.
  • The Palestinian Foreign Minister called for the court to affirm Palestinian self-determination and declare the Israeli occupation illegal, demanding its immediate end.
  • The backdrop of the hearings included the ongoing Israel-Hamas conflict, which has resulted in significant casualties, but the focus remained on the broader issues of occupation and the prospects for Palestinian statehood.
  • Israel, while not participating in the oral proceedings, submitted a written statement arguing against the court’s examination of the issue, asserting its right to protect its citizens and criticizing the framing of the questions as biased.
  • The court’s advisory opinion, expected to be issued within six months, will address the long-standing Israeli-Palestinian conflict, including issues related to the West Bank, Gaza Strip, and east Jerusalem, territories captured by Israel in the 1967 Mideast war and sought by Palestinians for an independent state.

The Associated Press has the story:

At UN Court, Majority of countries argue Israel violated int. law in last historic hearing

Newslooks- THE HAGUE (AP) —

The United Nations’ highest court on Monday wrapped up historic proceedings into the legality of Israel’s 57-year occupation of lands sought by Palestinians for a future state, with most voices at the hearing arguing against the Israeli government.

Over six days, the International Court of Justice heard from an unprecedented number of countries and the majority argued Israel was violating international law and called for the establishment of an independent Palestinian state.

“The real obstacle to peace is obvious — the deepening occupation by Israel of the Palestinian territories, including East Jerusalem, and failure to implement the two-state vision, Israel and Palestine living side by side,” Turkey’s Deputy Minister of Foreign Affairs Ahmet Yildiz said.

The United Nations’ highest court with presiding judge Nawaf Salam, left, opening historic hearings in The Hague, Netherlands, Monday, Feb. 19, 2024. ix days of hearings opened Monday at the top United Nations court into the legality of Israel’s 57-year occupation of lands sought for a Palestinian state. (AP Photo/Peter Dejong)

The hearings addressed a request by the U.N. General Assembly for a non-binding opinion on the legality of Israel’s policies. The court says it will issue its opinion in “due course.” On average, advisory opinions are released six months after oral proceedings.

Fiji was one of a handful of countries to argue that the court should refuse the request and directly mentioned the Hamas attacks that set off the war in Gaza and left about 1,200 people dead while Hamas militants also took nearly 250 others hostage.

“The events of 7 October 2023 have shown us what could happen if there were a complete and unconditional withdrawal without the necessary arrangements in place to guarantee the security of Israel,” Filipo Tarakinikini said on behalf of the South Pacific Island nation.

A Palestinian flag flies outside the United Nations’ highest court, rear, during historic hearings in The Hague, Netherlands, Wednesday, Feb. 21, 2024, into the legality of Israel’s 57-year occupation of the West Bank and east Jerusalem, plunging the 15 international judges back into the heart of the decades-long Israeli-Palestinian conflict. Six days of hearings at the International Court of Justice, during which an unprecedented number of countries will participate in proceedings, are scheduled as Israel continues its devastating assault on Gaza. (AP Photo/Peter Dejong)

The United States also cautioned the court against issuing an opinion, calling for an immediate withdrawal from the territories. Acting State Department legal adviser Richard Visek said last week the judges should not seek to resolve the decades-long Israeli-Palestinian conflict “through an advisory opinion addressed to questions focusing on the acts of only one party.”

Palestinian Foreign Minister Riad Malki had previously urged the 15-judge panel to uphold the Palestinian right to self-determination and to declare “that the Israeli occupation is illegal and must end immediately, totally and unconditionally.”

Though the hearings were held against the backdrop of the Israel-Hamas war, which has killed more than 29,000 Palestinians, according to Gaza’s Health Ministry, it pre-dated this round of conflict and focused instead on Israel’s open-ended occupation of the West Bank, the Gaza Strip and east Jerusalem.

Late last month, the court ordered Israel to do all it can to prevent death, destruction and any acts of genocide in its military offensive in Gaza. South Africa also filed a separate case accusing Israel of genocide because of its actions in the Strip, a charge that Israel denied.

Judges enter the United Nations’ highest court during historic hearings in The Hague, Netherlands, Wednesday, Feb. 21, 2024, into the legality of Israel’s 57-year occupation of the West Bank and east Jerusalem, plunging the 15 international judges back into the heart of the decades-long Israeli-Palestinian conflict. Six days of hearings at the International Court of Justice, during which an unprecedented number of countries will participate in proceedings, are scheduled as Israel continues its devastating assault on Gaza. (AP Photo/Peter Dejong)

Israel rejects accusations that its treatment of Palestinians amounts to apartheid and has accused U.N. bodies and international tribunals of bias.

It did not participate in the oral proceedings but, in a five-page written submission, Israel said the questions put to the court are prejudiced and “fail to recognize Israel’s right and duty to protect its citizens.”

Israel captured the West Bank, east Jerusalem and the Gaza Strip in the 1967 Mideast war. The Palestinians seek all three areas for an independent state. Israel considers the West Bank to be a disputed territory, whose future should be decided in negotiations.

The peace process has repeatedly stalled because of Palestinian attacks, Israel’s expansion of settlements in occupied territory and the inability of the two sides to agree on issues like final borders, the status of Jerusalem and the fate of Palestinian refugees.

In 2004, the court said that a separation barrier Israel built through east Jerusalem and parts of the West Bank was “contrary to international law.” It also called on Israel to immediately halt construction. Israel has ignored the ruling.

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