The Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem (Request for Advisory Opinion) was a proceeding before the International Court of Justice (ICJ), the highest legal body of the United Nations (UN), stemming from a resolution adopted by the United Nations General Assembly (UNGA) in December 2022 requesting the Court to render an advisory opinion relating to the legality of the Israeli occupation of the Palestinian territories.
Israel has occupied the Palestinian territories, which comprise the West Bank (including East Jerusalem) and the Gaza Strip, since 1967, making it the longest military occupation in modern history. In 2004, the ICJ delivered an advisory opinion on the Israeli West Bank barrier, deciding that it contravened international law and should be removed. In January 2023, the ICJ acknowledged the UNGA's request for an advisory opinion on the legal consequences arising from Israel's policies and practices in the occupied Palestinian territories.
Public hearings opened on 19 February 2024 at the ICJ's seat in The Hague, with 52 states and three international organizations presenting legal arguments—the largest number of parties to participate in any single case in the ICJ's history. The court's advisory opinion was delivered on 19 July 2024, holding that the Palestinian territories constitute one political unit and that Israel's occupation since 1967, and the subsequent creation of Israeli settlements and exploitation of natural resources, are illegal under international law. The court also held that Israel should pay full reparations to the Palestinian people for the damage the occupation has caused,'Legal Consequences Arising from the Policies and practices of Israel in the Occupied Palestinian Territory, Including East Jerusalem:Advisory Opinion,' Unispal 19 July 2023 pp.6,73,79.Ghousoon Bisharat,'Israel always sold the occupation as legal. The ICJ now terrifies them' +972 magazine 23 July 2024 and held that its policies violate the International Convention on the Elimination of All Forms of Racial Discrimination.
The Palestinian Authority welcomed the decision as historic, while the Israeli government formally rejected it, stating a political settlement can only be attained through negotiations; Israeli leaders and politicians further decried the opinion as antisemitic. The court's opinion was backed by the European Union but criticized by the United States. On 18 September 2024, the UNGA adopted a resolution calling for the end, within a year, to Israel's "unlawful presence" in the West Bank and Gaza.
Background A draft motion prepared by the State of Palestine was approved by the Special Political and Decolonization Committee (Fourth Committee) on 11 November 2022. It was passed by a vote of 98 to 17, with 52 abstentions, and was sent to the General Assembly. Nicaragua presented the draft resolution because Palestine is not a full member of the UN.
On 30 December 2022, the UN General Assembly adopted resolution A/RES/77/247 with 87 votes in favor, 26 against, and 53 abstentions.
On 20 January 2023, the ICJ confirmed "The request was transferred to the ICJ through a letter sent by the Secretary-General of the United Nations, Antonio Guterres, on January 17, and the request was registered yesterday, Thursday."
UNGA resolution Paragraph 18 of the resolution requests the Court to render an advisory opinion on the following questions:
UN's Special Political and Decolonization Committee vote
Vote Quantity States 98 Afghanistan, Algeria, Angola, Antigua and Barbuda, Argentina, Armenia, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Botswana, Brazil, Brunei Darussalam, Cabo Verde, Cambodia, Chad, Chile, People's Republic of China, Comoros, Cuba, Democratic People's Republic of Korea, Djibouti, Dominican Republic, Egypt, El Salvador, Gabon, Gambia, Guinea, Guinea-Bissau, Guyana, Indonesia, Islamic Republic of Iran, Iraq, Ireland, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Lebanon, Lesotho, Libya, Luxembourg, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Namibia, Nicaragua, Niger, Nigeria, Oman, Pakistan, Panama, Paraguay, Peru, Poland, Portugal, Qatar, Russian Federation, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovenia, Somalia, South Africa, Sri Lanka, Sudan, Suriname, Syrian Arab Republic, Tajikistan, Timor-Leste, Trinidad and Tobago, Tunisia, Turkmenistan, Türkiye, Uganda, Ukraine, United Arab Emirates, Uzbekistan, Viet Nam, Yemen, Zimbabwe 17 Australia, Austria, Canada, Czech Republic, Estonia, Germany, Guatemala, Hungary, Israel, Italy, Liberia, Lithuania, Marshall Islands, Federated States of Micronesia, Nauru, Palau, United States 52 Albania, Andorra, Belarus, Bosnia and Herzegovina, Bulgaria, Burundi, Cameroon, Colombia, Costa Rica, Côte d'Ivoire, Croatia, Cyprus, Denmark, Ecuador, Eritrea, Ethiopia, Finland, France, Georgia, Ghana, Greece, Haiti, Honduras, Iceland, India, Japan, Latvia, Liechtenstein, Monaco, Montenegro, Myanmar, Netherlands, New Zealand, North Macedonia, Norway, Philippines, Republic of Korea, Republic of Moldova, Romania, Rwanda, San Marino, Serbia, Slovakia, Solomon Islands, South Sudan, Spain, Sweden, Switzerland, Thailand, Togo, United Kingdom, Uruguay 26 Bhutan, Bolivia, Burkina Faso, Central African Republic, Congo, Democratic Republic of the Congo, Dominica, Equatorial Guinea, Eswatini, Fiji, Grenada, Jamaica, Kiribati, Madagascar, Malawi, Nepal, Papua New Guinea, Samoa, São Tomé and Príncipe, Seychelles, Tonga, Tuvalu, United Republic of Tanzania, Vanuatu, Venezuela, Zambia Total 193
General Assembly vote
Vote Quantity States 87 Algeria, Angola, Argentina, Armenia, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Bolivia, Botswana, Brunei Darussalam, Cambodia, Chile, People's Republic of China, Colombia, Cuba, Democratic People's Republic of Korea, Djibouti, Egypt, El Salvador, Gabon, Grenada, Guinea, Guinea-Bissau, Guyana, Indonesia, Islamic Republic of Iran, Iraq, Ireland, Jamaica, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Lebanon, Lesotho, Libya, Luxembourg, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Namibia, Nicaragua, Nigeria, Oman, Pakistan, Paraguay, Peru, Poland, Portugal, Qatar, Russian Federation, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovenia, Somalia, South Africa, Sri Lanka, Sudan, Syrian Arab Republic, Tajikistan, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, United Arab Emirates, Viet Nam, Yemen, Zambia, Zimbabwe 26 Albania, Australia, Austria, Canada, Costa Rica, Croatia, Czech Republic, Democratic Republic of the Congo, Estonia, Germany, Guatemala, Hungary, Israel, Italy, Kenya, Liberia, Lithuania, Marshall Islands, Federated States of Micronesia, Nauru, Palau, Papua New Guinea, Romania, Togo, United Kingdom, United States 53 Andorra, Belarus, Bosnia and Herzegovina, Brazil, Bulgaria, Burundi, Cameroon, Côte d'Ivoire, Cyprus, Denmark, Dominican Republic, Ecuador, Eritrea, Ethiopia, Fiji, Finland, France, Georgia, Ghana, Greece, Haiti, Honduras, Iceland, India, Japan, Kiribati, Latvia, Liechtenstein, Malawi, Monaco, Montenegro, Myanmar, Netherlands, New Zealand, Norway, Panama, Philippines, Republic of Korea, Republic of Moldova, Rwanda, Samoa, San Marino, Serbia, Slovakia, Solomon Islands, South Sudan, Spain, Sweden, Switzerland, Thailand, Tanzania, Uruguay, Vanuatu 27 Afghanistan, Antigua and Barbuda, Benin, Bhutan, Burkina Faso, Cabo Verde, Central African Republic, Chad, Comoros, Congo, Dominica, Equatorial Guinea, Eswatini, Gambia, Madagascar, Nepal, Niger, North Macedonia, São Tomé and Príncipe, Seychelles, Suriname, Timor-Leste, Tonga, Tuvalu, Ukraine, Uzbekistan, Venezuela Total 193
Reactions to the UNGA resolution Riyad al-Maliki, Minister of Foreign Affairs and Expatriates of the State of Palestine, hailed the resolution as "a diplomatic and legal success and achievement". Al-Maliki expressed gratitude to the nations that supported the resolution by sponsoring it and voting in favor of it. He urged countries that did not support the resolution to "adhere to international law and avoid standing on the wrong side of history." Days prior to the final vote, in an attempt to impede the referral of the conflict to The Hague, then-Israeli Prime Minister Yair Lapid wrote to 50 countries urging them not to support it in the General Assembly.
The Organization of Islamic Cooperation (OIC) welcomed the resolution's approval by the General Assembly, "praising the positions of the countries that supported it, which confirms their commitment to international law and is consistent with their historical support for the Palestinian cause".
Submissions to the Court The court fixed 25 July 2023 as the deadline for presentation of written statements and 25 October 2023 as the deadline for written comments on the statements made by other States or organizations.
On 7 August the Court announced that 57 written statements had been filed in the Court's registry, including three from international organizations—League of Arab States, Organisation of Islamic Cooperation, and African Union—with the remainder from Palestine and UN member states. According to Le Monde, 57 written submissions is a record (more than have been received on any other case) since the Court's creation in 1945, which the newspaper regards as already a small victory for the Palestinians.
The written statements will not be published by the Court until the start of public hearings, but according to Le Monde, a large majority of the 57 submissions recognize the jurisdiction of the Court to render an opinion on the issues raised; only around 10 or so submissions contest the referral to the Court.
On 14 November, the court announced that 15 comments on the written statements were accepted by the Court.
Canada On 14 July 2023, the Government of Canada argued that the Court should exercise its discretion to decline to render an advisory opinion, because Israel has not accepted the jurisdiction of the Court in this matter, and the UN Security Council has established a framework for the parties to resolve the dispute through negotiations.
France Although France abstained in the General Assembly on the resolution which requested the advisory opinion from the Court, France submitted a statement to the Court of around 20 pages, in which it reaffirmed the illegal nature of colonization, recounts the legal obligations of the occupier in the occupied territories, including East Jerusalem, and notes the risk of an annexation by fait accompli.
Israel The Government of Israel reportedly made submissions to the Court arguing that the Court lacks the authority to adjudicate the Israeli–Palestinian conflict, and that it should instead be resolved by direct negotiations between Israel and Palestinian Authority.
Palestine On 24 July 2023, during a meeting at the Hague, Palestine Minister of Foreign Affairs and Expatriates, Riyad Al-Malki, delivered the Palestinian submission.
United Kingdom The UK submission opposed the hearing of the case in the ICJ.
Oral presentations Oral presentation of the arguments started on 19 February 2024. On that date, the Palestinian delegation presented its arguments. The following countries presented oral arguments in the case:
Africa : The AU representative, professor Mohamed Helal, stated, "The injustice being wrought against the people of Gaza makes it imperative to end Israel's impunity and hold it accountable for the rule of law". : The Libyan representative stated Palestinians have the right to self determination.