Palestinian Foreign Minister Riyad Al-Malki during his remarks at the ICJ today

PA Accuses Israel Of Apartheid At ICJ, Calls For Israel To Be Forced From Judea & Samaria

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The Judean Staff
International

At the International Court of Justice (ICJ), Palestinian Foreign Minister Riyad Al-Malki highlighted the grievances of the Palestinian people using anti-Israeli tropes and propaganda with out what he termed the "colonialism and apartheid" conditions of Israeli occupation. This statement came during a week-long series of hearings at the ICJ, tasked with delving into the legal ramifications of Israel's occupation, a subject of international debate since 1967. 

The court's agenda is to scrutinize the legal outcomes stemming from Israel's policies and actions in what anti-Israel activists claim is "Occupied Palestinian Territory", including East Jerusalem, at the request of the UN General Assembly from a vote in December 2022. This request for an advisory opinion, though non-binding, underscores the global legal scrutiny Israel faces, especially following the intensification of conflict in Gaza triggered by Hamas's attacks in October.

An impressive roster of 52 countries, including global powers like the United States, Russia, and China, will present their observations to the ICJ, reflecting the widespread international interest in the proceedings. This legal inquiry is set against the backdrop of the UN General Assembly's concerns over the alleged ongoing violation of Palestinian self-determination rights by Israel, touching on issues of prolonged occupation, settlement, annexation, and demographic changes in Jerusalem and the Palestinian territories captured during the 1967 Six-Day War.

Israel's annexation and settlement policies have been a point of contention, with the United Nations previously declaring the occupation of Palestinian territories illegal. Despite the historical context of territorial acquisition and subsequent peace agreements, such as the 1979 peace deal with Egypt that saw the return of the Sinai Peninsula to Cairo, the legal and humanitarian implications of Israel's actions remain a focal point of international concern. Israel lawfully won Judea and Samaria in a defensive war and under historical norms and current global practice, it should have the right to the land. Under the agreements signed under the Oslo Accords, Israel is administratively in charge of Area C, the area where Israeli communities are located. Anti-Israel propoenents believe these communities have no right to exist, let alone grow despite the Oslo agreements.

In his remarks before the court, Foreign Minister Malki added that "Palestine was not a land without a people", a challenge to history which never documented a Palestinian people or nation. While Arabs, Ottomans, Jews, Christians and Muslims did live on the land, at no point was it ever known as Palestine, and few if any identified as Palestinian. It was only after the formation of the State of Israel that the movement to create a Palestinian nation took off.

The ICJ's deliberations will also explore the implications of Israel's legislative measures, perceived as discriminatory, on the legal status of the occupation and the broader implications for the international community. With the court expected to issue its ruling urgently, the global anticipation highlights the significance of this legal opinion in shaping international law and policy.

The discourse around this issue is further amplified by Human Rights Watch's (HRW) commentary on the potential impact of the ICJ's advisory opinions. Despite their non-binding nature, such opinions carry considerable moral and legal weight and can influence the evolution of international law. HRW emphasizes the opportunity for the hearings to spotlight the severe abuses faced by Palestinians, including allegations of apartheid and persecution.

Israel's non-participation in the hearings, coupled with its strong condemnation of the UN's request for an advisory opinion, underscores the deep divisions and contentious politics surrounding the Israeli-Palestinian conflict. The Israeli government's retaliatory measures against the Palestinian Authority following the UN resolution reveal the high stakes and deep-seated tensions that define this enduring conflict.

As the ICJ moves forward with its examination of these complex legal and humanitarian issues, the international community watches closely. The outcome of these hearings could have far-reaching implications for the dynamics of the Israeli-Palestinian conflict, the application of international law, and the broader pursuit of peace and justice in the region.

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