International Court of Justice
Public Hearings on Legal Consequences Arising from Policies and Practices of Israel in Occupied Palestinian Territory
Hearing of the
International Court of Justice, February 23, 2024.
The International Court of Justice held public hearings on the request for an advisory opinion in respect of the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem. The request came from the General Assembly which, on December 30, 2022, adopted resolution A/RES/77/247 in which, referring to Article 65 of the Statute of the Court, it requested the International Court of Justice to give an advisory opinion. The relevant part of the resolution reads as follows:
"The General Assembly, ...
"18. Decides, in accordance with Article 96 of the Charter of the United Nations, to request the International Court of Justice, pursuant to Article 65 of the Statute of the Court, to render an advisory opinion on the following questions, considering the rules and principles of international law, including the Charter of the United Nations, international humanitarian law, international human rights law, relevant resolutions of the Security Council, the General Assembly and the Human Rights Council, and the advisory opinion of the Court of 9 July 2004:
"(a) What are the legal consequences arising from the ongoing violation by Israel of the right of the Palestinian people to self-determination, from its prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967, including measures aimed at altering the demographic composition, character and status of the Holy City of Jerusalem, and from its adoption of related discriminatory legislation and measures?
"(b) How do the policies and practices of Israel referred to in paragraph 18 (a) above affect the legal status of the occupation, and what are the legal consequences that arise for all States and the United Nations from this status?"
By a letter dated January 17, 2023, the Secretary-General of the United Nations transmitted the request for an advisory opinion to the Court. By letters dated January 19, 2023, the Registrar gave notice of that request to all States entitled to appear before the Court, pursuant to Article 66, paragraph 1, of the Statute.
By an Order dated February 3, 2023, the Court decided "that the United Nations and its Member States, as well as the observer State of Palestine, are considered likely to be able to furnish information on the questions submitted to the Court for an advisory opinion and may do so within the time-limits fixed in the Order". Pursuant to Article 66, paragraph 2, of its Statute, the Court fixed July 25, 2023 as the time-limit for the presentation of written statements on the questions.
Fifty-seven written statements were filed in the Registry within that time-limit. By the same Order, the Court fixed October 25, 2023 as the time-limit within which states and organizations having presented written statements may submit written comments on the written statements made by other states or organizations, in accordance with Article 66, paragraph 4, of its Statute.
The Court subsequently authorized, at their request, the League of Arab States, the Organisation of Islamic Cooperation and the African Union to participate in the proceedings.
The hearings were held February 19-26, 2024 at the Peace Palace in The Hague, the seat of the Court. Take note that the request for the court to provide an advisory opinion was made in December 2022 and is separate from the genocide case brought by South Africa against Israel.
During the hearings, the State of Palestine, 49 Member States of the United Nations and three international organizations presented oral statements (in the following order): Palestine, South Africa, Algeria, Saudi Arabia, the Netherlands, Bangladesh, Belgium, Belize, Bolivia, Brazil, Chile, Colombia, Cuba, Egypt, United Arab Emirates, United States of America, Russian Federation, France, The Gambia, Guyana, Hungary, China, Iran, Iraq, Ireland, Japan, Jordan, Kuwait, Lebanon, Libya, Luxembourg, Malaysia, Mauritius, Namibia, Norway, Oman, Pakistan, Indonesia, Qatar, the United Kingdom, Slovenia, Sudan, Switzerland, Syria, Tunisia, Türkiye, Zambia, the League of Arab States, the Organisation of Islamic Cooperation, the African Union, Spain, Fiji and the Maldives.
Canada declined to participate, repeating a position which is intent on giving Israel more time to conduct its murderous operation against the Palestinian people. Global Affairs Canada issued a statement saying "an oral submission was unnecessary because the government's position, while still relevant, has not changed," Canadian Press reported on February 20. CP wrote: "In a written submission from last summer, Canada says it should be the UN Security Council, not the General Assembly, to help broker a negotiated peace. Canada is urging the court not to issue an advisory opinion for fear it would disrupt efforts to work towards a two-state solution."
The press release issued by the ICJ on the day the hearings concluded points out that the verbatim records of the hearings, including the lists of participating delegations, are available on the case page on the Court's website. High-resolution video clips and still photos produced by the Registry during the hearings are available free of charge and free of copyright for editorial, non-commercial use, on the Multimedia page on the Court's website.
The Court informed that its advisory opinion will be delivered at a public sitting, the date of which will be announced in due course.
For the court's website click here.
For the presentations of the countries and international organizations which took part in the hearings click here.
This article was published in
Volume 54
Number 16 - March 5, 2024
Article Link:
https://cpcml.ca/Tmlm2024/Articles/MS54166.HTM
Website: www.cpcml.ca Email: editor@cpcml.ca