The UN’s highest court is due to issue an advisory opinion Friday on the legal consequences of Israel’s occupation of Palestinian territories. At the request of the UN General Assembly, the court is to give its opinion on one of the world’s most contentious issues, Reuters reports.
While the advisory opinions of the judges of the International Court of Justice (ICJ) are non-binding, they carry weight under international law, and a clear conclusion that the occupation is illegal could weaken support for Israel.
The advisory opinion process began before the current conflict between Israel and Hamas, and in May, in a separate case brought by South Africa, the court issued a binding ruling ordering Israel to halt its offensive on Rafah in the Gaza Strip. Israel strongly condemned the judgement.
In late 2022, the General Assembly asked the court to assess Israel’s “prolonged occupation, settlement and annexation” of Palestinian territories, including East Jerusalem, and related policies of the Israeli government.
Israel seized the West Bank, the Gaza Strip and East Jerusalem – the territories of historic Palestine on which Palestinians want to establish their state – in the 1967 war and has been building settlements in the West Bank and expanding them ever since.
Israeli leaders claim that legally these territories are not occupied because they are on disputed land, but the United Nations and much of the international community consider them to be Israeli-occupied territory.
More than 50 states submitted their views to the court in February, with Palestinian representatives asking the court to recognise that Israel must withdraw from all occupied territories and dismantle illegal settlements.
Israel did not participate in the hearing but filed a written statement telling the court that issuing an advisory opinion would be ‘detrimental’ to attempts to resolve the Israeli-Palestinian conflict.
Most of the participating countries asked the court to declare the occupation illegal, while several states, including Canada and Britain, argued that the court should refuse to issue an advisory opinion.
The United States, Israel’s most vocal supporter, urged the court to limit itself to an advisory opinion and not order an unconditional withdrawal of Israeli troops from the Palestinian territories.
The 15-judge panel will begin announcing its opinion at 3 p.m. local time (1300 GMT).
In 2004, the UN International Court of Justice issued an advisory ruling that Israel’s separation barrier around much of the West Bank was “contrary to international law”and Israeli settlements had been established in violation of international law. Israel rejected this judgement.
