On Monday, 19 February 2024, the ICJ commenced public hearings in the proceedings relating to a request for an advisory opinion made by the UN General Assembly on the legal status and consequences of the Israeli presence in the West Bank, Gaza Strip and in Jerusalem.
In view of these proceedings, the International Association of Jewish Lawyers and Jurists (IJL) submitted a legal statement to the Court, highlighting legal and factual fallacies underlying the General Assembly’s request.
The statement provides a comprehensive and professional stance, addressing fundamental issues concerning the Israeli-Palestinian conflict, and makes the following arguments:
1. It is incorrect to assume that the State of Israel and the Jewish people lack strong legal claims, per international law, concerning the West Bank and Jerusalem.
2. There is an internationally endorsed legal framework, outlined by Security Council Resolutions 242 and 338, as well as in bilateral agreements, for resolving the Israeli-Palestinian conflict. The Court should refrain from determinations that may undermine this established legal framework for peace which has, repeatedly, been endorsed by the Security Council and the parties themselves.
3. Israel’s presence in the territories resulted from the lawful use of force in self-defence in 1967. Until a political agreement is reached to determine their future, Israel is not prohibited from exercising control over them. There is insufficient legal basis under public international law to support a claim that belligerent occupation can become “illegal” due to external circumstances or due to the passage of time. Moreover, in light of the horrific attack on Israel on 7 October 2023, there is no doubt that a continuing Israeli presence is legally justified to protect Israel’s territory, and its citizens, pending a negotiated solution to the conflict.
The IJL advocates for the court to exercise caution prior to providing the requested opinion given the risk of undermining the international and bilateral framework for the resolution of the Israeli-Palestinian conflict and the prospect of a negotiated solution, and intends for its legal arguments to assist the court in reaching its decision.
The submission is co-authored by Daniel Reisner, Deputy President of the IJL, Dr. Roy Schondorf (Counsel to the IJL), Dr. Dov Jacobs (Counsel to the IJL), and Joshua Kern (Counsel to the IJL).