Thu 22 Feb 2024 4:35 pm - Jerusalem Time

The fourth session of ICJ on the consequences of the Israeli occupation

Today, Thursday, the International Court of Justice, the highest court of the United Nations, continues hearings on the legal consequences of the Israeli occupation, on its fourth day.

Six sessions will be held at the International Court of Justice in a row from Monday, February 19, until Monday of next week, during which each state will provide an oral intervention lasting half an hour, on its point of view on the procedural and substantive issues arising, with the aim of the court later issuing an advisory opinion.

Yesterday, Wednesday, the United States of America defended the continuation of the occupation, and considered in its plea before the court that the international justice system’s adoption of an advisory opinion demanding that Israel end its occupation immediately “harms the negotiations and does not take into account the security threats to Israel.”

All the details of the fourth session at the International Court of Justice:

Jordan: Israel is violating international law and the occupation must end

Jordanian Foreign Minister Ayman Safadi considered, before the International Court of Justice, that Israel is violating international law, the occupation is illegal, and must end, pointing out that Israel refuses to recognize the right to self-determination of the Palestinians, and the measures on the ground kill every chance for peace.

He said: “As an occupying power, Israel is obligated to protect civilians and preserve heritage sites,” adding: “Israel destroys heritage sites, annexes lands, demolishes Palestinian homes, expels them from their homes and cities, restricts prayer in Al-Aqsa Mosque, and changes the Arab identity of Jerusalem.”

He stressed that there cannot be peace without Palestinian self-determination and international recognition of a Palestinian state with East Jerusalem as its capital, within the 1967 borders, which can live alongside Israel in peace.

He stressed that Jordan will not hesitate to preserve the identity of Jerusalem and the holy places in Jerusalem, and its role in protecting the places historically.

For his part, Jordanian Minister of Justice Ahmed Ziadat said that Jordan has a historic and internationally recognized role in preserving the holy places in Jerusalem, speaking about a number of historical decisions about recognizing the role of the Hashemites and Jordan in preserving the Islamic and Christian holy places in Jerusalem.

He reviewed a number of Israeli violations in occupied Jerusalem since 1967, including the demolition of the Moroccan Quarter and the replacement of the historic Mughrabi Gate.

In turn, Michael Wood, representing Jordan, spoke, saying: “A small number of countries said that the court should not establish a framework within the advisory opinion, as we believe that there are no grounds for claiming that, because any solution that must occur must be based on international law.” .

He continued that the right to self-determination is within international law, and the only way to achieve self-determination is to end the occupation, adding: “Israel and its policies also violate the law of occupation, by building settlements, and the basic law in Israel stipulates settlement and the strengthening of Jewish supremacy,” noting that “Israeli officials are demanding settlement in Gaza and the West Bank, changing the reality on the ground and preventing the establishment of a verifiable and independent Palestinian state.”

He stressed that Israel and its discriminatory laws violate its role as an occupying power in preserving civilians, violate international law, including apartheid, use excessive force even in peaceful demonstrations against the occupation, target journalists and ambulance forces, and target children, and have failed to prevent these crimes.

Japan: We believe in a peaceful solution and respect for international law

Director of the Legal Department at the Japanese Ministry of Foreign Affairs, Tomahiro Makinagi, confirmed before the International Court of Justice that Japan believes that the two-state solution is through the establishment of a Palestinian state living in peace alongside Israel, and believes in a peaceful solution, not violence, and respect for international law.

He said: “Japan considers that the request placed before the court is a necessary and important question for peace and stability in the region, and it provides a framework for the international community,” citing a number of United Nations decisions on international law related to the situation in Palestine, stressing the need to respect them and adhere to the decisions of the Council. Security.

Then Oxford University Professor Dapo Akande spoke, presenting an intervention related to legal obligations regarding the right to self-defense and the use of territory by force, pointing out that the use of force with the aim of annexing territory cannot be compatible with self-defense, noting that Japan says that the use of force In occupied territories is illegal. He said: "Annexing lands can never be compatible with the right to self-determination."

Representative of Ireland: We support the two-state solution

Ireland's representative before the International Court of Justice, Rose Fanning, considered that what happened on October 7 does not give legitimacy to Israel to use excessive force in Gaza, and there are controls that must be followed in international law in response, considering that any solution to a conflict between two peoples requires each people to respect the rights of The other, therefore, is that Ireland supports the two-state solution.

He pointed out that Ireland believes that the question posed by the General Assembly is a legal question, and an advisory opinion must be given on it, noting that his country encouraged Israel, during its communication with the government, to participate in this lawsuit.

He said: "Israel has been occupying the Palestinian territories since 1967, and accordingly, international law must apply during the occupation, and military law as well." He continued: “In our written intervention, we said: Israel used different meanings of the law to control the Palestinian territories, with the aim of building settlements, and encouraged a large number of its citizens to move to the settlements, and their number reached 700,000 settlers, and allocated special laws to the occupied Palestinian areas for civil and military control.”

He pointed out that Israel continues to destroy property in the occupied territories to expand its settlements, without any military justification, and the goal is to expand settlement, and this is in violation of the Geneva Declaration.

He continued: “Regarding the annexation question: Israeli construction in the settlements proves that Israel is seeking to annex the land, and as for Ireland,” he pointed out that Israel has been working for decades on an annexation policy, and as for Ireland, Israel is already involved in annexing the lands, and changing the reality on the ground.

This course of annexation violates international law. If Israel does not officially announce the annexation, this does not mean that it does not happen on the ground.

Fanning stressed that Ireland supports the right of the Palestinians to self-determination, and the occupation must be ended and those affected by it compensated, pointing out that the solution must be based on international law and the principle of the right to self-determination, saying: “Ireland calls for relying on this principle in answering the General Assembly’s request.” to the United Nations.

Iraq: The machine of killing, extermination and starvation must be stopped

The head of the legal department at the Iraqi Ministry of Foreign Affairs, Ambassador Haider Al-Barrak, said in his intervention before the International Court of Justice, “The Palestinian people have been suffering for 7 decades, and we are certain that your decision will be a hope for all oppressed people around the world,” praising South Africa’s role in its step in the court against Israeli occupation.

He added: "Iraq believes that the court's opinion will provide the legal framework for achieving peace in Palestine and the Middle East region, especially since the court approved in previous events decisions and opinions about the rights of Palestinians, such as the decision in 2004 regarding the apartheid wall."

He stressed the need to stop the killing machine against the Palestinian people, and prevent violations and policies of extermination and starvation against the Palestinian people, pointing out that international law and international human rights law touched on the situation of Palestine in many declarations, including the Geneva Declaration.

While he stressed that the Israeli occupation deals with the Palestinians in violation of international law, and targets homes, civilians, hospitals, and schools, and we see this in Gaza, he recalled that the Geneva Declaration says that civilians must be protected during wars.

He touched on what is happening in Jerusalem, considering that it aims to change demographics and empty the city of its original people and replace them with extremists and racists, stressing the need to hold the Israeli occupation accountable for its actions and violation of the Geneva Declaration and international human rights law.

Iran: What is happening in Palestine undermines the people’s right to self-determination

Iranian Deputy Foreign Minister for International Relations Raza Najafi considered, before the International Court of Justice, that the practices of the Israeli occupation confirm the intention to make it a permanent occupation, noting that the legal framework for the right to self-determination for a people is guaranteed in a number of international laws and in the Charter of the United Nations.

He pointed out that the demographic reality of the Palestinians in Palestine has changed dramatically since the British Mandate, and Jewish settlement began to establish a Jewish state, and the majority of Palestinians were displaced in several countries, indicating that this happened by force, and this is considered a war crime according to the decisions of the International Criminal Court.

He explained that what is happening in the city of Jerusalem undermines the Palestinians’ right to self-determination, stressing that building settlements, preventing freedom of movement for Palestinians, and changing the demographic reality are all matters that also undermine Palestinians’ self-determination.

He continued: “The right to sovereignty over resources and land is part of the right to self-determination,” noting that it has been recognized that the Palestinians have the right to have sovereignty and manage their resources as part of their self-determination, reminding that the Palestinians are deprived of that because of the occupation that controls water and other resources. .

He stressed that every country and international institution has a duty to take action to stop Israeli crimes in Gaza, pointing out that this court must play a role in implementing international law and bringing hope to the Palestinians that justice can be achieved, adding: “It is forbidden to leave the Palestinians alone these days.” This is a moral responsibility,” he said, stressing Iran’s commitment to the right of self-determination for the Palestinians.

China: The International Court of Justice must accept the case

Legal Adviser at the Chinese Ministry of Foreign Affairs, Ma Xinmin, said before the International Court of Justice that his country supports working with the principles of international law, noting that the Palestinians are waiting for justice to be achieved, and China supports the Palestinians in achieving their rights, and supports the two-state solution through negotiations.

He believed that the International Court of Justice should accept the case, considering that there is no reason to reject it, saying that China submitted written papers last July, saying why the case should not be rejected.

He continued: “The advisory opinion depends on international law, and it can set a framework for the negotiations, and is consistent with the decisions of the General Assembly,” indicating that it will not establish a new framework, but rather will find a place for it in a previous framework for the negotiations, which was in Oslo. .

While he said that China supports the existence of legal evidence to support the course of negotiations, he stressed that the right to self-determination is a fundamental right in international law and human rights, noting that the Palestinian people have proven that they are under the control of an external force, and the right to self-determination for the Palestinians must be achieved within United Nations resolutions and opinions. The advisory opinion for the court must include: Palestinian unity, territorial integrity, freedom to have political representation, freedom to build and develop an economy, culture, and social system, and control of resources.

The Chinese official touched on the legality of the occupation of the Palestinian territories, saying that the use of force by the occupier to annex lands and strengthen the occupation is illegal, pointing out that China encourages the two parties to negotiate for a peace agreement so that the two peoples can live side by side.


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The fourth session of ICJ on the consequences of the Israeli occupation