ICJ Position Paper on the Policies and Practices of Israel in the Occupied Palestinian Territories

UNITED NATIONS, 21 Oct 2024

International Court of Justice - TRANSCEND Media Service

UN Independent International Commission of Inquiry on the Occupied Palestinian Territory, Including East Jerusalem and Israel

18 Oct 2024 – Legal analysis and recommendations on implementation of the International Court of Justice, Advisory Opinion, Legal Consequences from the Policies and Practices of Israel in the Occupied Palestinian Territory including East Jerusalem

I. Introduction

The Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel (“Commission”) welcomed¹ the historic advisory opinion issued by the International Court of Justice (“Court”) on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem (19 July 2024).² In the advisory opinion, the Court found that Israel’s continuing presence in the Occupied Palestinian Territory was unlawful, thus entailing international legal obligations of Israel, all States, and international organizations including the United Nations. The Court stated that it was for the General Assembly and Security Council to consider the precise modalities and further actions to bring to an end as rapidly as possible the unlawful presence of Israel in the Occupied Palestinian Territory and of Israeli settlers and settlements. In this position paper, the Commission sets forth its legal analysis and recommendations to Israel, Member States, the General Assembly and the Security Council on implementation of the Court’s advice.

II. Procedural Background

1. On 14 September 2022, the Commission issued a report to the General Assembly (A/77/328) with its conclusion that the Israeli occupation was The Commission recommended that the General Assembly urgently request an advisory opinion from the Court on the legal consequences of the Israeli occupation and on the resulting obligations of third States and the United Nations (“UN”).³
2. On 30 December 2022, the General Assembly adopted resolution A/RES/77/247, in which it decided, in accordance with Article 96 of the Charter of the UN, to request the Court to render an advisory opinion pursuant to Article 65 of the Statute of the Court on the question of the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem.
3. On 17 January 2023, the Secretary-General of the UN informed the President of the Court that, pursuant to Article 65, paragraph 2 of the Statute of the Court, the UN Secretariat would prepare a dossier containing all relevant documents pertaining to the request for an advisory opinion and the dossier would be transmitted to the Court.
4. On 3 February 2023, the Court issued an order that the UN and Member States, as well as the observer State of Palestine, may provide the Court with written submissions, in accordance with Article 66, paragraph 2, of the Statute of the Court, by 25 July 2023.
5. On 7 August 2023, fifty-seven written statements were filed by States and organizations.⁴ By 14 November 2023, the Court received fifteen written comments from States and organizations responding to written statements filed on 7 August 2023.⁵
6. Public hearings were held from 19 to 16 February 2024, with forty-nine States and three international organizations presenting oral statements.⁶
7. On 19 July 2024, the Court delivered its advisory opinion.
8. On 13 September 2024, the General Assembly passed a resolution on the “Advisory opinion of the International Court of Justice on the legal consequences arising from Israel’s policies and practices in the Occupied Palestinian Territory, including East Jerusalem, and from the illegality of Israel’s continued presences in the Occupied Palestinian Territory” (A/RES/ES-10/24) during the tenth emergency special session.⁷ The resolution set forth specific steps and actions that Israel and all States should take following the advisory
9. This position paper provides the views of the Commission in relation to state responsibility and how the General Assembly and the Security Council can identify and implement the precise modalities and actions required to bring to an end, as rapidly as possible, the unlawful presence of Israel in the Occupied Palestinian Territory.

III. Summary of Advisory Opinion

TO READ FULL POSITION PAPER, Download PDF:

ICJ Position Paper Israel Palestine Oct 2024

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One Response to “ICJ Position Paper on the Policies and Practices of Israel in the Occupied Palestinian Territories”

1. Per-Stian says:

   22 Oct 2024 at 05:52

   Thank you for this crucially important document. Unusually strong and clear language, and we’ll use this in activism trying to get Norway to behave in accordance with international (and national!) law. I hope others do the same elsewhere.

   Reply