On Friday, July 19, the International Court of Justice (ICJ) delivered its Advisory Opinion on the “Legal Consequences Arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, Including East Jerusalem.”
It is regrettable that the Court accepted the General Assembly’s request to provide an opinion on this matter despite the fact that its political aspects clearly outweigh any potential legal questions.The Advisory Opinion overlooks critical factual information and makes erroneous legal conclusions. For instance, by disregarding the State of Israel and the Jewish people’s strong legal claims to the territory, and incorrectly applying the laws of belligerent occupation and the laws on the use of force. (For a comprehensive discussion of these and other relevant aspects, see IJL’s detailed submission to the Court)
Notably, the Advisory Opinion fails to adequately consider Israel’s legitimate security concerns and their legal implications, including those resulting from the horrendous Hamas attack of October 7, 2023.
Most importantly, the Advisory Opinion risks undermining the internationally endorsed and bilaterally agreed-upon framework for peace, which has been repeatedly upheld by both the Security Council and the parties involved.
It is crucial to recall that this Advisory Opinion is non-binding on states. It is imperative to uphold the established international and bilateral framework for resolving the Israeli-Palestinian conflict and safeguard the prospect of a negotiated solution.