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ICJ opinions Israel’s presence in the Palestinian occupied territories as unlawful
Context :
The International Court of Justice said in its non-binding opinion issued on Friday that Israel has abused its status as the occupying power in the West Bank and east Jerusalem by carrying out policies of annexing territory, imposing permanent control and building settlements.
ICJ and Israel – Palestine conflict:
- In a separate case, the International Court of Justice is considering a South African claim that Israel’s campaign in Gaza amounts to genocide, a claim that Israel vehemently denies.
- 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.
- Israel says the barrier is a security measure.
- Palestinians say the structure amounts to a massive land grab because it frequently dips into the West Bank.
More in news:
- The ICJ opined Israel’s presence in the occupied Palestinian territory is illegal” and should be ended as rapidly as possible”.
- The transfer by Israel of settlers to the West Bank and Jerusalem, is contrary to article 49 of the Fourth Geneva Convention.
- Israel’s use of natural resources was inconsistent with its obligations under international law as an occupying power.
- Israel stands on verdict : It said it fails to recognise Israel’s right and duty to protect its citizens, address Israeli security concerns or acknowledge Israel-Palestinian agreements to negotiate issues.
Impact
- While it can lead to a diplomatic isolation to Israel,
- The advisory opinion to the General Assembly will have little immediate impact given that it is non-binding.
- Unlikely to change Israeli policies but it would isolate Israel further internationally, at least from a legal point of view.
- Strengthen the hand of grassroots Palestinian-led movement advocating boycotts, divestment and sanctions against Israel.
- He said it also could increase the number of countries that recognise the state of Palestine, in particular in the Western world, following the recent example of Spain and Norway and Ireland.
Israel Policy on Palestine
- Israel considers the West Bank to be disputed territory, whose future should be decided in negotiations, while it has moved population there in settlements to solidify its hold.
- It has annexed east Jerusalem in a move that is not internationally recognised,
- It withdrew from Gaza in 2005 but maintained a blockade of the territory after Hamas took power in 2007.
The international community generally considers all three areas to be occupied territory.
ICJ
- The ICJ, also known as the World Court, is the principal judicial organ of the UN.
- It was established in June 1945 by the Charter of the United Nations.
- HQ:Peace Palace in The Hague (Netherlands).
- Only states, not individuals or groups, can be parties in World Court cases.
Composition
- The Court is composed of 15 judges, all from different countries, who are elected for a term of nine years by the United Nations General Assembly (UNGA) and the Security Council (UNSC).
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- To be elected, a candidate must receive an absolute majority of the votes in both UNGA and UNSC.
- One-third of the members are renewed every three years.
- Judges are eligible for re-election.
Jurisdiction
The International Court of Justice (ICJ) exercises various forms of jurisdiction, primarily categorised into compulsory , arbitrary and Advisory jurisdiction
- Compulsory Jurisdiction
- Definition:Under compulsory jurisdiction, states have agreed in advance to submit certain disputes to the ICJ without needing a specific agreement for each case.
- Sources: Under UN Charter certain disputes outlined in the United Nations Charter fall under the ICJ’s compulsory jurisdiction.
- Binding Decisions: Decisions made by the ICJ under its compulsory jurisdiction are binding on the states involved.
- Arbitrary Jurisdiction
- Definition:Arbitrary jurisdiction requires the specific consent of the disputing parties for each case.
- Mutual Consent: Both parties must mutually agree to submit the dispute to the ICJ on case by case basis
- Sources: States may enter into special agreements to refer a particular dispute to the ICJ.
- If any party has not given mutual consent then the decision is non- binding.
- Advisory Jurisdiction
- Definition:In addition to contentious jurisdiction, the ICJ provides advisory opinions on legal questions referred to it by duly authorised international organs and agencies.
- Sources: UN Charter Article 96
- Non-Binding Opinions: Advisory opinions are not binding but carry significant legal weight and moral authority.
