THE HAGUE – The International Court of Justice (ICJ), the highest court of the United Nations, is set to issue an advisory opinion on Friday regarding the legal implications of Israel’s occupation of Palestinian territories. This ruling comes at the request of the U.N. General Assembly and addresses one of the most contentious issues globally.
Though advisory opinions from the ICJ are not legally binding, they hold significant weight under international law. A determination that Israel’s occupation is illegal could impact international support for the country.
This advisory opinion process began before the current Israel-Hamas conflict. In a separate case brought by South Africa, the ICJ issued a binding order in May for Israel to halt its Rafah offensive in the Gaza Strip, a ruling that Israel strongly condemned.
In late 2022, the General Assembly requested the ICJ to evaluate Israel’s “prolonged occupation, settlement, and annexation” of Palestinian territories, including East Jerusalem, along with related Israeli policies.
Israel captured the West Bank, Gaza, and East Jerusalem during the 1967 war and has since built and expanded settlements in the West Bank. Israeli leaders argue these territories are not legally occupied as they are on disputed lands. However, the United Nations and most of the international community regard them as occupied territories.
In February, over 50 states presented their views to the court. Palestinian representatives called for a ruling that Israel must withdraw from all occupied areas and dismantle illegal settlements. Israel did not attend the hearings but submitted a written statement, claiming that an advisory opinion would harm efforts to resolve the Israeli-Palestinian conflict.
Most participating states urged the court to declare the occupation illegal, while a few, including Canada and Britain, argued against providing an advisory opinion. The United States, Israel’s staunchest ally, requested the court to limit any advisory opinion and avoid ordering an unconditional withdrawal of Israeli forces.
The ICJ’s 15-judge panel will begin delivering their opinion at 3 p.m. local time (1300 GMT).
In a 2004 advisory ruling, the ICJ declared that the Israeli separation barrier around the West Bank was “contrary to international law” and that Israeli settlements violated international law. Israel dismissed this ruling.
