Legal consequences arising from the policies and practices of Israel in the occupied Palestinian territory including East Jerusalem

Legal consequences arising from the policies and practices of Israel in the occupied Palestinian territory including East Jerusalem
Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem (Request for Advisory Opinion) is a proceeding in the International Court of Justice, stemming from a resolution adopted by the United Nations General Assembly in December 2022, requesting the Court to render an advisory opinion.
In January 2023 the International Court of Justice (ICJ) acknowledged a request from the United Nations General Assembly (UNGA) for an advisory opinion on the legal consequences arising from the policies and practices of Israel in the occupied Palestinian territory including East Jerusalem. Public hearings are scheduled to open on Monday, 19 February 2024 in The Hague.
Background
A draft motion prepared by the State of Palestine was approved by the Special Political and Decolonization Committee (Fourth Committee) on 11 November 2022. It was passed by a vote of 98 to 17, with 52 abstentions, and was sent to the General Assembly. Nicaragua presented the draft resolution because Palestine is not a full member of the UN.
On 30 December 2022, the UN General Assembly adopted resolution A/RES/77/247 with 87 votes in favor, 26 against, and 53 abstentions.
On 20 January 2023, the ICJ confirmed "The request was transferred to the ICJ through a letter sent by the Secretary-General of the United Nations, Antonio Guterres, on January 17, and the request was registered yesterday, Thursday."
The UNGA resolution
Paragraph 18 of the resolution requests the Court to render an advisory opinion on the following questions:
"(a) What are the legal consequences arising from the ongoing violation by Israel of the right of the Palestinian people to self-determination, from its prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967, including measures aimed at altering the demographic composition, character and status of the Holy City of Jerusalem, and from its adoption of related discriminatory legislation and measures?
"(b) How do the policies and practices of Israel referred to in paragraph 18 (a) above affect the legal status of the occupation, and what are the legal consequences that arise for all States and the United Nations from this status?"
UN’s Special Political and Decolonization Committee vote
General Assembly vote
Reactions to the UNGA resolution
The resolution was hailed as "a diplomatic and legal success and achievement" according to Riyad Al-Maliki, the State of Palestine's Minister of Foreign Affairs. Al-Maliki expressed gratitude to the nations that supported the resolution by sponsoring it and voting in favor of it. He urged countries that did not support the resolution to "adhere to international law and avoid standing on the wrong side of history." Days prior to the final vote, in an attempt to impede the referral of the conflict to The Hague, Prime Minister Yair Lapid wrote to 50 countries urging them not to support it in the General Assembly.
The Organization of Islamic Cooperation (OIC) welcomed the resolution's approval by the General Assembly, "praising the positions of the countries that supported it, which confirms their commitment to international law and is consistent with their historical support for the Palestinian cause".
Submissions to the Court
The court fixed 25 July 2023 as the deadline for presentation of written statements and 25 October 2023 as the deadline for written comments on the statements made by other States or organizations.
On 7 August the Court announced that 57 written statements had been filed in the Court's registry, including three written statements from international organizations (League of Arab States, Organisation of Islamic Cooperation, and African Union) with the others from Palestine and UN member states. According to Le Monde, 57 written submissions is a record (more than have been received on any other case) since the Court's creation in 1945, which the newspaper regards as already a small victory for the Palestinians.
The written statements will not be published by the Court until the start of public hearings, but according to Le Monde, a large majority of the 57 submissions recognize the jurisdiction of the Court to render an opinion on the issues raised; only around 10 or so submissions contest the referral to the Court.
Canada
In a statement dated 14 July 2023, the Government of Canada argued that the Court should exercise its discretion to decline to render an advisory opinion, because Israel has not accepted the jurisdiction of the Court in this matter, and the UN Security Council has established a framework for the parties to resolve the dispute through negotiations.
France
Although France abstained in the General Assembly on the resolution which requested the advisory opinion from the Court, France submitted a statement to the Court of around 20 pages, in which it reaffirms the illegal nature of colonization, recounts the legal obligations of the occupier in the occupied territories, including East Jerusalem, and notes the risk of an annexation by fait accompli.
Israel
The Government of Israel reportedly made submissions to the Court arguing that the Court lacks the authority to adjudicate the Israeli-Palestinian conflict, and that it should instead be resolved by direct negotiations between Israel and Palestinian Authority.
Palestine
On 24 July, during a meeting at the Hague, Palestine Minister of Foreign Affairs and Expatriates, Riyad Al-Malki, delivered the Palestinian submission.
United Kingdom
The UK submission also opposes the hearing of the case in the ICJ a position taken by few of the 57 opinions sent to the court.
See also
Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory
Seventy-seventh session of the United Nations General Assembly
International law and the Arab–Israeli conflict
Legality of the Israeli occupation of Palestine
External links
Overview of the case (from International Court of Justice website)
Full text of the UN General Assembly resolution
blog entry from EJIL:Talk! (Blog of the European Journal of International Law)
blog entry from Opinio Juris
References
International Court of Justice cases
Israeli–Palestinian conflict and the United Nations
2022 in law
United Nations General Assembly resolutions
History of human rights
2022 in the United Nations
Human rights abuses in the State of Palestine