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UN court opens hearings on Israeli occupation

Israel has chosen not to send a representative, saying the court lacks jurisdiction to consider the matter

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President of the International Court of Justice (ICJ) US lawyer Joan Donoghue (2R) confers with colleagues at the court in The Hague on January 12, 2024, (Photo by REMKO DE WAAL/ANP/AFP via Getty Images)

(JNS) Public hearings opened at the International Court of Justice in the Hague (ICJ) on Monday regarding the legal repercussions of Israel's "ongoing occupation" of the West Bank and East Jerusalem.

The court is hearing arguments due to a request submitted by the UN General Assembly after a December 2022 resolution calling for an examination of the "Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem."

Hearings will be conducted for a full week at the Peace Palace in The Hague, the seat of the court.

Hearings opened with an oral statement by Palestinian representatives this morning.

Fifty-two states and three international organizations will participate in the oral proceedings before the court. Among the countries presenting are Belize, Bolivia, Cuba, the Comoros, Namibia, Syria and the Maldives, among others.

In line with a decision made late last week, Israel has chosen not to send a representative, saying the court lacks jurisdiction to consider the matter.

Israeli Prime Minister Benjamin Netanyahu called the December 2022 resolution “disgraceful," adding, "The Jewish people are not occupying their land and are not occupying their eternal capital Jerusalem. No UN resolution can distort this historical truth.”

UK Lawyers for Israel (UKLFI) CEO Jonathan Turner told JNS that the Palestinian delegation to the United Nations and its supporters want the ICJ to rule that Israel is occupying the West Bank and the Gaza Strip, areas captured in the 1967 Six-Day War.

“The verdict won’t be legally binding, but a lot of people will regard it as authoritative and treat it as if it were an accurate statement of the law. It will be quite difficult to displace it in anything but the most friendly tribunals,” said Turner.

An adverse verdict might also impact the actions of the International Criminal Court, he said. In March 2021, the ICC announced its intention to investigate alleged Israeli war crimes, but it has been slow to act on that decision, he added.

Turner was the principal author of a September 29 memorandum submitted to the court challenging the allegations against Israel.

The International Court of Justice, which has its seat in The Hague,is the principal judicial organ of the United Nations.

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