In its advisory opinion to be released tomorrow, the Court will express its opinion on Israel’s occupation of Palestine, its annexation practices in the West Bank and East Jerusalem, efforts to change the status of East Jerusalem, the illegality of apartheid and discriminatory practices, and The consequences these will have for all states and international organizations, especially Israel.
The advisory opinion, to be read in public by the presiding judge of the Court, Lebanese Judge Nawaf Salam, is expected to confirm that Israel’s occupation of Palestine is unlawful, that Israel’s continuous violations of the Palestinian people’s right to self-determination, that its activities aimed at changing the demographic structure, character and status of Jerusalem are unlawful, and that discriminatory and racist practices against Palestinians constitute a violation of rights.
49 Countries and 3 Organizations Gave Statements at Hearings in February 2024
In the hearings held between February 19-26, 2024 at the Court, which continues its activities at the Peace Palace in The Hague, the administrative capital of the Netherlands, 49 countries, including Turkey, the Arab League, the Organization of Islamic Cooperation ( OIC) and the African Union, presented their views orally to the Court regarding Israel’s occupation and annexation of Palestinian territories.
Prior to this, 54 states, including Turkey, and 3 international organizations had submitted their written statements to the Court by August 2023. Turkey was the first country to submit its written statement to the Court regarding Israel’s occupation of Palestine, its annexation of the West Bank, and especially the preservation of the status of East Jerusalem.
The Majority of States Argued That the Occupation Was Unlawful
The vast majority of states participating in the hearings had argued that Israel’s occupation of Palestinian territories and its practices against Palestinians were illegal. In the hearings, which took place on 19-26 February 2024 and included countries mostly from the Middle East, including Western countries such as Belgium, Switzerland, Ireland, Spain and Norway, it was argued that “Israel has no sovereign right over the occupied Palestinian territories”, “acquiring land through annexation is unlawful”, “annexation and settlement practices in Palestinian territories amount to forcibly changing the demographic structure”, “Other states have an obligation not to recognize Israel’s occupation of Palestine” and “Israel is preventing the Palestinian people from exercising their right to self-determination”.
Türkiye Opposes Occupation of Palestine
In its presentation on February 26, 2024, during the preparation of the ICJ advisory opinion, Turkey emphasized that Israel was obstructing the Palestinian people’s right to self-determination and that the occupation should therefore be ended “immediately and unconditionally.” In its presentation, Turkey reiterated its call for Israel to end its occupation of Palestine and to reach a permanent and lasting solution that envisages the establishment of a sovereign and independent Palestinian state within the 1967 borders with Jerusalem as its capital, and invited the international community and organizations to fulfill their responsibilities. Turkey stated that changing the status of East Jerusalem in particular was contrary to international law and United Nations (UN) resolutions.
US and UK Defend Israel’s Arguments
The US and the UK, on the other hand, defended Israel’s arguments and asked the Court not to give any advisory opinion. While the UK argued that the Israeli-Palestinian dispute should be resolved through bilateral negotiations and should not be brought before the Court, the US side tried to legitimise Israel’s occupation of Palestine on the grounds of “security concerns”.
UN General Assembly Requests Opinion from ICJ
In its decision dated 30 December 2022, the UN General Assembly referred two questions to the ICJ regarding the legal consequences of Israel’s occupation of Palestine since the war in 1967, based on Article 65 of the Statute of the Court. The questions submitted to the Court by the UN General Assembly are as follows:
- 1- What are the legal consequences of Israel’s continued violation of the Palestinian people’s right to self-determination, its continued occupation, its settlement and annexation activities in Palestinian territories since 1967, its activities aimed at changing the demographic structure, character and status of Jerusalem , and its adoption of relevant discriminatory legislation and measures?
- 2- How do Israel’s practices mentioned in the first question affect the legal status of the occupation and what are the legal consequences of this situation for all states and the United Nations?
While the request for an advisory opinion was delivered to the ICJ by the UN Secretary-General on 17 January 2023, the Court notified the UN member states and Palestine regarding their right to make written and oral statements on the questions on which an advisory opinion was requested.
