Israel – Official circles in Israel have expressed their fear that the International Court of Justice in The Hague will issue an advisory opinion within days stating that Tel Aviv’s occupation of Palestinian lands, including East Jerusalem, is illegal.
Last week, the court announced that it would issue, on Friday, its advisory opinion, which the UN General Assembly had requested of it regarding a year and a half ago, without explaining the reason for the delay in responding to the request.
On 30 December 2022, the UN General Assembly adopted a resolution requesting the Court of Justice to issue an advisory opinion on two issues, the first of which is “the legal consequences arising from Israel’s continued violation of the right of the Palestinian people to self-determination, its prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967.”
The second issue concerns “the impact of Israel’s policies and practices on the legal status of the occupation, and the legal consequences of this status for all States and the United Nations.”
In response to the recent announcement by the Court of Justice in this regard, Israeli Finance Minister Bezalel Smotrich expected, in a statement issued on Monday, that the court would issue “a decision stating that what it calls (the occupation) is illegal.”
Smotrich also expected that “the court will submit an advisory opinion to the General Assembly stating that the settlement project in Judea and Samaria (the West Bank) is illegal, and that Israel must withdraw from it and from the Jordan Valley area.”
He considered that “the goal is to force Israel to establish a Palestinian state.”
The Israeli minister claimed that “the homeland in Judea and Samaria is the cradle of the Israeli nation, and it is an integral part of our historical homeland.”
The Israeli minister continued his allegations, saying: “This is our land in terms of international law (…) No decision by a hypocritical and anti-Semitic party will change this fact.”
UN resolutions reject the Israeli presence in the West Bank and describe it as an “occupation,” and many countries have banned the import of products coming from Israeli settlements in the West Bank, considering them “illegal.”
Smotrich called on Prime Minister Benjamin Netanyahu to respond to the expected ruling of the Supreme Court by extending what he called “sovereignty” over what he claimed were “homeland lands.”
He continued: “In the meantime, and until the (alleged) sovereignty is implemented, I will continue on my path to work on developing settlements, implementing actual sovereignty, and thwarting the establishment of a Palestinian state through massive construction and expansion of settlements.”
** Implications of the expected decision
For its part, the private Israeli newspaper Yedioth Ahronoth said yesterday, Monday: “Israel is preparing to issue an advisory opinion from the International Court of Justice, on Friday, regarding the legitimacy of the Israeli presence in the West Bank.”
“Among the possible outcomes of this move is a ruling that the Israeli presence in the West Bank and East Jerusalem is illegal due to demographic changes and Israel’s de facto annexation efforts,” she added.
She continued: “In such a case, the court can demand that Israel withdraw from these territories.”
The newspaper quoted an unnamed Israeli official familiar with the matter as describing the potential decision of the International Court of Justice as “very bad and disastrous.”
“The Justice and Foreign Ministries are expressing pessimism ahead of the advisory opinion, fearing that it will further complicate Israel’s international position, possibly leading to additional sanctions beyond those imposed in recent months once morest violent settlers,” she said.
She added: “The court may decide that international law prohibits states from cooperating with Israel in its so-called occupation or requires efforts to end this occupation.”
She warned that “such a ruling might prompt many countries around the world to take concrete action once morest Israel.”
“One concern in Israel is that the UN General Assembly, which will receive the advisory opinion following the ICJ ruling, might refer the matter to ICC Prosecutor Karim Khan, who has previously sought arrest warrants for Prime Minister Benjamin Netanyahu and Defense Minister Yoav Galant for war crimes in Gaza,” she continued.
The newspaper added: “In this scenario, Khan may consider prosecuting those responsible for settlement activities, whether within the government or in the defense establishment.”
“Another possibility is that the fatwa might determine that Israel is practicing apartheid in the West Bank, which is a crime once morest humanity, which would also have dire consequences,” she continued.
She added: “Such a decision will leave the ICC Prosecutor with no other option but to investigate Israel as part of the complaints he is examining.”
Settlement activity in the West Bank, including East Jerusalem, has witnessed a significant increase since the current right-wing government, headed by Netanyahu, came to power in December 2022, and Tel Aviv has intensified these activities since the outbreak of its war on Gaza on October 7, 2023.
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2024-07-17 23:26:47