Advisory Opinion of the National Court of Justice on Israel and Palestine
The President of the ICJ, Lebanese Judge Nawaf Salam, delivered an advisory opinion on the legal consequences of Israel’s practices in the Palestinian occupied territories during a public hearing. The ICJ stated that “has the authority to issue an advisory opinion” on the legal consequences of Israel’s occupation of Palestine.
The Court noted that the question from the United Nations (UN) General Assembly was a legal one and that there was no valid reason for it not to give an advisory opinion on this question. The Court stated that the issue on which its opinion was sought was not bilateral, as claimed by countries such as the US and the UK, but a serious issue concerning the entire UN General Assembly, and therefore “there was no need to obtain the consent of the Israeli side.”
ICJ Decisions and Findings
- It found that the occupied Palestinian territory did not consist of fragmented, separate areas, but constituted a single territorial unit including the West Bank, East Jerusalem and Gaza.
- He stated that Israel exercises its occupying power authority in Palestinian territories, including Gaza.
- He stressed that Israel’s obligations in the Palestinian territories encompass the Geneva Conventions and customary international law on the laws of war.
| ICJ Decisions | Descriptions |
|---|---|
| Oslo Accords | It found that the occupation “did not eliminate” the rules and obligations of Israel. |
| Natural resources | It found that Israel’s use of natural resources in Palestinian territories was “contrary to its obligations under international law.” |
| Discrimination | He stated that Israel’s different practices towards Palestinians in the occupied territories “constitute discrimination.” |
Impact of Advisory Opinion and Expectations
Advisory opinions given by the ICJ are taken into consideration by the international community and acted upon. These opinions can help to predict the Court’s decisions in similar cases in the future. Advisory opinions can be used as a political pressure for states that act against them.
Clarifying Israel’s legal situation in the occupied Palestinian territories could determine the international community’s stance on the issue and pave the way for possible sanctions against Israel.
