In this file photo, A view of the Peace Palace, which houses the International Court of Justice, or World Court, in The Hague, Netherlands. AP
Friday’s hearing comes against the backdrop of Israel’s devastating 9-month brutal war on 2.3 million Palestinians in the Gaza Strip.
In a separate case, the International Court of Justice (ICJ) is considering a South African claim that Israel’s campaign in Gaza amounts to genocide,
Israel captured the West Bank, east Jerusalem, and Gaza Strip in the 1967 war.
It has annexed east Jerusalem in a move that is not internationally recognized, while it withdrew from Gaza in 2005 but maintained a blockade of the territory since 2007. The international community generally considers all three areas to be occupied territory.
At hearings in February, then-Palestinian Foreign Minister Riad Malki accused Israel of apartheid and urged the United Nation’s top court to declare that Israel’s occupation of lands sought by the Palestinians is illegal and must end immediately and unconditionally for any hope for a two-state future to survive.
Israel, which normally considers the United Nations and international tribunals as "unfair and biased," did not send a legal team to the hearings.
Instead, Tel Aviv submitted written comments, saying that the questions put to the court were prejudiced and “fail to recognize Israel’s rights and duty to protect its citizens.”
The Palestinians presented arguments in February along with 49 other nations and three international organizations.
Erwin van Veen, a senior research fellow at the Clingendael think tank in The Hague, said that if the court rules that Israel’s policies in the West Bank and East Jerusalem breach international law, that is unlikely to change Israeli policies it would “isolate Israel further internationally, at least from a legal point of view.”
He said such a ruling would "worsen the case for occupation. It removes any kind of legal, political, philosophical underpinning of the Israeli expansion project.”
It would also strengthen the hand of “those who seek to advocate against it" — such as the grassroots Palestinian-led movement advocating boycotts, divestment, and sanctions against Israel.
He said it also could increase the number of countries that recognize the state of Palestine, in particular in the Western world, following the recent example of Spain and Norway and Ireland.”
It is not the first time the ICJ has been asked to give its legal opinion on Israeli policies. Two decades ago, the court ruled that Israel’s West Bank separation barrier was “contrary to international law.” Israel boycotted those proceedings, saying they were politically motivated.
Palestinians say the structure amounts to a massive land grab because it frequently dips into the West Bank.
The UN General Assembly voted by a wide margin in December 2022 to ask the World Court for an advisory opinion.
Israel vehemently opposed the request that was promoted by the Palestinians
Fifty countries abstained from voting.
Israel has built well over 100 settlements in the West Bank, according to the anti-settlement monitoring group Peace Now.
The West Bank settler population has grown by more than 15% in the past five years to more than 500,000 Israelis, according to a pro-settler group.
Israel also has annexed east Jerusalem and considers the entire city to be its capital. An additional 200,000 Israelis live in settlements built in east Jerusalem that Israel considers to be neighborhoods of its "unified capital."
Palestinian residents of the city face systematic discrimination, making it difficult for them to build new homes or expand existing ones.
The international community considers all settlements to be illegal or obstacles to peace since they are built on lands sought by the Palestinians for their state.
Settlers and their political supporters dominate Prime Minister Benjamin Netanyahu's hard-line government. Netanyahu has given his finance minister, Bezalel Smotrich, a former settler leader, unprecedented authority over settlement policy. Smotrich has used this position to cement Israel’s control over the West Bank by pushing forward plans to build more settlement homes and to legalize outposts.
Authorities recently approved the appropriation of 12.7 square kilometers (nearly 5 square miles) of land in the Jordan Valley, a strategic piece of land deep inside the West Bank, according to a copy of the order obtained by The Associated Press. Data from Peace Now, the tracking group, indicate it was the largest single appropriation approved since the 1993 Oslo Accords at the start of the peace process.
*This story was edited by Ahram Online
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