ICJ to rule on West Bank occupation

As settler violence continues, the UN is seeking an advisory opinion from the International Court of Justice on the legality of Israel’s control over the West Bank.

The International Court of Justice (ICJ) is holding hearings this week to consider whether Israel’s occupation of the West Bank and East Jerusalem is legal.

The case is the result of referral to The Hague by the UN General Assembly and 52 countries are expected to give evidence on Israel’s conduct and practices in the West Bank, East Jerusalem, and Gaza.

The ICJ will only be able to issue an advisory opinion. Israel does not accept that the court has jurisdiction over its control of the West Bank. It also argues advisory opinions should not be issued when the dispute is political and not legal and is therefore not sending a delegation to The Hague to present counterarguments.

The case differs from the recent ICJ ruling over South Africa’s claim that Israel is waging a genocidal war in Gaza. In that case, because Israel is a signatory to the Genocide Convention, so it was obliged to accept the court’s jurisdiction.

In the West Bank case, the effect will only be symbolic, but may contribute to mounting pressure for a Palestinian state. A similar case occurred in 2004 when the Court ruled sections of the security barrier were illegal. Israel did not remove any of the barrier as a result.