8 No. 75 JUSTICE Introduction 1. On 30 December 2022, the General Assembly of the United Nations adopted Resolution 77/247. Its Article 18 included a request to the International Court of Justice to provide an advisory opinion on the following two 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?” 2. Just over a year has elapsed since the General Assembly made this request. During this period, the Court fixed time limits for the submission of written statements and scheduled 19 February 2024 as the date for the commencement of public hearings. 3. Since 7 October 2023, following a barbaric, genocidal, armed attack initiated from the Gaza Strip by the Hamas and Palestinian Islamic Jihad terror organisations − in which over 1000 Israelis were massacred, raped, tortured, and mutilated, thousands of others injured and over 250 taken hostage - Israel and Palestinian armed groups in Gaza have been at war. These recent and tragic events provide important context to the current discussion, as they provide a clear factual backdrop to the proceedings, which should inform - in a concrete manner - the Court’s deliberations when assessing the reality on the ground. 4. It is for this purpose that the International Association of Jewish Lawyers and Jurists (IJL) is publishing this statement. The IJL, a UN-ECOSOC special consultative accredited NGO, was founded in 1969 to promote human rights and international cooperation based on the rule of law, including by combating all forms of racism, anti-Semitism, Holocaust denial, and the negation of the State of Israel. The IJL membership comprises judges, lawyers, and academic jurists, spanning over 25 countries across the globe, and is widely recognised as a leading international organisation in the fields of human rights and international law. On the basis of its special consultative status at the UN, for over 20 years the IJL has attended sessions of, and delivered statements to, UN and related committees monitoring human rights such as the Human Rights Council and the Office of the High Commissioner for Human Rights. The IJL has brought and participated in human rights related legal proceedings before international tribunals as well as national courts.1 Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem Statement of the International Association of Jewish Lawyers and Jurists 16 February 2024 1. The IJL thanks and acknowledges Anne Herzberg and the Institute for NGO Research for their assistance with the development of this submission.
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