The case before the International Court of Justice
The Palestinian foreign minister, Riyad al-Maliki, on Monday accused Israel of apartheid and urged the United Nations’ top court to declare that Israel’s occupation of lands sought for a Palestinian state is illegal and must end immediately and unconditionally for any hope for a two-state future to survive.
The remarks came at the start of historic hearings into the legality of Israel’s 57-year occupation of the West Bank, the Gaza Strip and annexed east Jerusalem. The case stands against the backdrop of the Israel-Hamas war, which immediately became a focal point of the day.
The session, expected to last six days, follows a request by the U.N. General Assembly for a non-binding advisory opinion into Israel’s policies in the occupied territories. Judges will likely take months to issue an opinion.
The Palestinians argue that Israel, by annexing large swaths of occupied land, has violated the prohibition on territorial conquest and the Palestinians’ right to self-determination, and has imposed a system of racial discrimination and apartheid.
The Palestinian allegations of apartheid and colonialism
Citing the right self-determination enshrined in the U.N. charter, al-Maliki said that “for decades, the Palestinian people have been denied this right and have endured both colonialism and apartheid.”
He told the International Court of Justice that “2.3 million Palestinians in Gaza, half of them children, are besieged and bombed, killed and maimed, starved and displaced.”
“More than 3.5 million Palestinians in the West Bank, including in Jerusalem, are subjected to colonization of their territory and racist violence that enables it,” he added.
He said that “this occupation is annexation and supremacist in nature” and appealed to the court to uphold the Palestinian right to self-determination and declare “that the Israeli occupation is illegal and must end immediately, totally and unconditionally.”
He also said that a move by the U.N. court could increase the chances for a peace that would allow the Israelis and Palestinians to live side by side.
The Israeli response and position
Israel has boycotted the proceedings, arguing that the court has no jurisdiction over the matter and that the U.N. General Assembly’s request is politically motivated.
Israel’s Foreign Ministry issued a statement on Monday, saying that “the only way to resolve the conflict between Israel and the Palestinians is through direct negotiations, not through one-sided actions in international forums.”
Israel maintains that its occupation is lawful and temporary, and that it has a right to defend itself against Palestinian attacks and terrorism.
Israel also rejects the accusations of apartheid and colonialism, saying that it treats its Arab citizens equally and that it has offered the Palestinians several peace proposals that would have granted them a state.
The implications and expectations of the court’s opinion
The court’s opinion, while not legally binding, could have significant political and moral implications for both sides, as well as for the international community.
The court’s opinion could also influence the ongoing investigation by the International Criminal Court into alleged war crimes by both Israel and the Palestinians in the occupied territories.
The court’s opinion could also affect the prospects for a resumption of peace talks, which have been stalled for years.
The court’s opinion is expected to be issued later this year or early next year.
