GAZA – On Monday, a Palestinian
legal team stated that Palestinians suffer collective punishment while Israeli
settlers live without consequences, Al-Mamlaka TV reported.
اضافة اعلان
During their arguments before the
International Court of Justice (ICJ) in the first public session regarding the
legal implications arising from Israel’s policies and practices in the occupied
Palestinian territory, including East Jerusalem, the legal team emphasized that
Palestinians face systemic discrimination, depriving them of basic rights.
The team highlighted the power of
the court’s words and emphasized that silence is not an option. The court’s
opinion could contribute to enforcing international law and potentially lead to
a peaceful resolution of the Palestinian issue. Israel seeks to maintain its
permanent occupation of Palestine.
Furthermore, the legal team
pointed out that Israel disregarded the ICJ’s opinion regarding the separation barrier.
Instead of dismantling it, Israel extended the barrier. Additionally, when
Israeli Prime Minister Benjamin Netanyahu presented a map of Israel at the UN,
he erased the Green Line, effectively erasing any trace of Palestine.
The fight for Palestinians’ right to self-determination
Regarding events in Gaza,
Professor André Zimmermann, a member of the Palestinian legal team, asserted
that there are no valid reasons for the ICJ to reject the requests made by the
UN General Assembly concerning Israel’s violations of international law. These
violations continue to escalate, making it crucial for international legal
institutions to examine Israel’s conduct. This consultation reaffirms the legal
framework of
UN resolutions, aiming for a just and lasting solution to the
Palestinian issue.
Zimmermann emphasized that the ICJ
has the authority to address the issue’s legitimacy based on the UN Charter and
General Assembly Resolution 77, adopted by a majority of states. Therefore,
Palestine requests compliance with the court’s duty to respond to the submitted
requests, affirm respect for international law, and ensure the Palestinian
people’s rights to achieve a fair settlement.
He further highlighted several
reasons why answering these questions is essential for the international
community and the
General Assembly. These include addressing Israel’s legal
violations, such as forcibly annexing Palestinian territories and denying the
right to self-determination. Additionally, as stated in the UN Charter and
pertinent resolutions regarding the occupation of Palestine, violations of
international humanitarian law and the duty to resolve the Palestinian issue
are crucial obligations.
The ICJ has commenced a week of
hearings on the legal consequences of Israel’s occupation of Palestinian
territories. Over 50 states are scheduled to address the judges during these
proceedings in The Hague. The Palestinian Foreign Minister, Riyad Al-Maliki,
will be the first to speak at the ICJ. In 2022, the UN General Assembly
requested an advisory opinion from the court regarding the occupation. The
hearings will continue until February 26, after which the judges will
deliberate for several months before issuing their judgment.
While Israel has previously
disregarded such opinions, these proceedings could exert political pressure,
especially in light of the ongoing conflict in Gaza. Since October 7, 2023, the
Israeli Occupation Forces (IOF) have killed about 29,000 Palestinians. Notably,
Israel will not participate in the hearings, although it has submitted written
observations.
The hearings are part of the
Palestinian effort to prompt international legal institutions to scrutinize
Israel’s conduct. These proceedings have become more urgent following the
October 7 attacks by Hamas in Israel, which resulted in the loss of 1,200 lives,
and Israel’s subsequent military response. Additionally, there are growing
concerns about an Israeli ground offensive in Rafah, where over one million
Palestinians have sought refuge to avoid Israeli assaults.
Israel captured the West Bank,
Gaza, and East Jerusalem during the 1967 Six-Day War. Although it withdrew from
Gaza in 2005, it still controls the enclave’s borders alongside neighboring
Egypt. This marks the second time the General Assembly has sought an advisory
opinion from the ICJ regarding the occupied Palestinian territory. In July
2004, the court declared that Israel’s separation wall in the
West Bank violated international law and should be dismantled, although the wall remains
in place to this day. The judges are now tasked with reviewing Israel’s
“occupation, settlement, and annexation,” including measures affecting the
demographic composition and status of Jerusalem.
Regarding the war in Gaza, André
Zimmermann, a member of the Palestinian legal team, emphasized the impact on
security, stability, and peace. The urgency of addressing Israel’s conduct is
evident, especially considering the escalating violations of international law.
Palestine seeks commitment from the international community to respond to the
submitted requests, respect international law, and work toward a fair
resolution for the Palestinian people.
Israel’s vehement rejection of Palestinian statehood
Furthermore, Paul Reichler,
another member of the Palestinian legal team, highlighted that successive
Israeli governments have continuously rejected the existence of a Palestinian
state. They persistently impose military control, denying the aspirations of a
viable Palestinian state. Israel’s leaders consistently deny the Palestinian
presence and advocate for expanding their state from the Jordan River to the
Mediterranean Sea. Their vision includes annexing East Jerusalem, a move
unrecognized by most countries, and a significant portion of the West Bank,
which compromises the creation of a sustainable Palestinian state.
Israel’s expansion and
colonization efforts in Palestinian territories, including the establishment of
settlements, have raised significant concerns. Approximately 61 percent of the
West Bank is either threatened by or already under settlement control. These
actions violate international law and undermine the prospects for a viable
Palestinian state.
Quoting statements from Israeli
government officials, Reichler highlighted their intention to assert
sovereignty over all lands from the Golan Heights to the Al-Naqab desert. Such
ambitions blatantly disregard international legal norms.
Despite past opinions, Israel
continues to expand its presence in the West Bank, constructing settlements and
imposing a de facto reality. Over the last 20 years, Israel has established 22
settlements, comprising more than 20,000 housing units. These actions aim to
isolate and displace Palestinians from their land.
In the West Bank, settler-related
violence has increased. Since October 7, at least 1,000 Palestinians have faced
forced displacement from their homes. Israel’s unprecedented colonization
efforts exacerbate tensions and hinder prospects for peace.
Reichler emphasized that a
two-state solution remains the optimal path for both Palestinians and Israelis,
adding that the ICJ must empower Palestinians to determine their destiny,
establish their state, and live in peace and security.
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