International Court of Justice to commence hearings over Israel's duty to provide assistance to Palestinians
Headlines: United Nations to Confront Israel Over Gaza Crisis at International Court of Justice
In the Spotlight: The International Court of Justice (ICJ) is set to convene in The Hague for a five-day hearing, with a focus on Israel's legal obligations related to humanitarian aid for Palestinians in Gaza and the occupied territories.
Kickoff: The sessions commence at 10:00 am (0800 GMT) on the 1st day, commencing with a Palestinian submission. Afterward, a whopping 38 countries will present their perspective to the 15-judge panel, including heavyweights like the United States, China, France, Russia, and Saudi Arabia. This grand parade will be attended by international organizations such as the League of Arab States, the Organisation of Islamic Cooperation, and the African Union.
The Birth of the Crisis: The United Nations General Assembly authorized the ICJ to deliver a legal opinion on this matter, rushing the request in December following a resolution backed by a massive majority. The trigger? Israel's move to impede the United Nations Relief and Works Agency for Palestinian Refugees (UNRWA) from functioning within its territory[1][3].
The Brink of Collapse: The humanitarian aid system in Gaza is crumbling, with a severe lack of food, fuel, and medicine. Over 2.4 million Palestinians are struggling to survive, and the United Nations estimates that half a million have been displaced since the ceasefire ended in mid-March.
Bloodshed and Controversy: The conflict that initially sparked the crisis stems from an Israeli military offensive following a Hamas attack in October 2023, resulting in over 1,200 Israeli civilian fatalities and at least 52,243 Palestinian casualties, mostly civilians, according to Palestinian health ministry figures[5]. Israel insists the assault is aimed at forcing Hamas to release captives, with hostages' relatives suggesting their loved ones could be "sacrificed."
The Court's Influence: While the ICJ's advisory opinions are not legally binding, they are known to carry immense legal weight and moral authority. In July, the ICJ confirmed that Israel's occupation of Palestinian territories was "unlawful" and must cease without delay[2]. Also, some international observers see the request for an advisory opinion as a reflection of "broad frustration" with the lack of meaningful dialogue to tackle the dire situation in Gaza.
As the world watches, the ICJ will examine the conflict from a legal standpoint, potentially shedding light on Israel's compliance with its obligations under international humanitarian law and determining a path forward for the future of the occupied Palestinian territories.
[1] UN General Assembly resolution (A/RES/70/104) requesting an advisory opinion from the International Court of Justice.[2] Advisory Opinion of the International Court of Justice on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (ICJ, 2004).[3] United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA).[4] Excerpts from Article by Haris Huremagic, a PhD candidate at the Geneva Graduate Institute, published on Voelkerrechtsblog on international law (August 2024).[5] Al Jazeera, "Timeline: Israel-Gaza conflict since October 2023." Accessed October 1, 2024. url
- The United States, alongside France, Russia, China, and Saudi Arabia, will present their perspectives to the International Court of Justice (ICJ) during a five-day hearing to address Israel's legal obligations related to humanitarian aid for Palestinians in Gaza.
- Africa, represented by the African Union, is among the international organizations that will attend the ICJ sessions, aiming to address the urgent humanitarian crisis in Gaza.
- The conflict in Gaza has overshadowed global politics and general news, with Israel's actions against the United Nations Relief and Works Agency for Palestinian Refugees (UNRWA) being a significant factor.
- War-and-conflicts, including the one in Gaza, are often examined from a legal standpoint by international bodies like the ICJ to determine compliance with international humanitarian law.
- In 2023, the crisis in Gaza escalated, resulting in a severe lack of food, fuel, and medicine for the 2.4 million Palestinians living there, with an estimated half a million internally displaced since the ceasefire ended in mid-March.
- The ICJ's advisory opinions may not be legally binding, but they carry immense legal weight and moral authority, as shown by its previous 2004 opinion declaring Israel's occupation of Palestinian territories as "unlawful" and requiring immediate cessation.
- The ICJ's ongoing proceedings could potentially shed light on Israel's compliance with its obligations under international humanitarian law and pave the way for a resolution to the future of the occupied Palestinian territories.
- The General Assembly requested the ICJ to deliver a legal opinion on this matter in a rush following a resolution backed by a massive majority in December 2023, stemming from Israel's move to impede the functioning of UNRWA within its territory.
