The World Court’s forthcoming advisory opinion promises to transform the political landscape.
on the “legal consequences” arising from Israeli “policies and practices” over the course of its 56-year belligerent occupation of the Palestinian territories, including East Jerusalem.
“No state reserves to itself the right to systematically violate the rights of a people to self-determination …Israel,” Shoman said. “No state seeks to justify the indefinite occupation of another’s territory …— it seems — Israel … Israel must be made to behave like all civilized nations, Stop violating international law and UN resolutions! Respect the right of the Palestinian people to self-determination.
U.S. State Department attorney Richard Visek urged the court to issue the narrowest opinion possible, focusing on the peace process, in deference to American efforts at the UN Security Council. Faithful to the Netherlands’ reputation as the cradle of modern international law, Dutch legal advisor René Lefeber spent his allotted half-hour expounding on the international legal canon, without uttering Israel or Palestine’s names once.
These include collective punishment; confiscation and destruction of land; the appropriation of natural resources; movement restrictions; pillage; unlawful killing; targeting of hospitals, educational institutions, and journalists; forcible transfer, and imprisonment of Palestinians inside the Green Line.
Israel’s settlement enterprise, accompanied by the application of domestic Israeli laws and administration in the occupied Palestinian territory, constitute a “disguised form of annexation,” Fanning told the judges. Predictably, U.S. State Department attorney Richard Visek disagreed. Israel was defending itself in June 1967, Visek suggested. Furthermore, the laws of belligerent occupation say nothing about its duration. The legal status of occupation is based solely on how or why a country invades territory , or how long occupation lasts, Visek said.
Belize’s remedy was seconded by almost all of the presentations delivered to the court this past week.Having concluded oral sessions, the International Court of Justice can either accede to the General Assembly’s request for an Advisory Opinion or — exercising its discretionary power — it can decline to do so, something it has never done.
Others dismissed these arguments as “fallacious” , “perverse” , “fiction” , “myth” ,” and an “affront to the rule of law” . Self-determination, Lefeber reminded the judges, is a “permanent, continuing, universal and inalienable right with a peremptory character.” If that right is denied, he added — remarkably — people living under colonial domination, apartheid or foreign occupation have the right to liberate themselves “by all available means, including armed struggle … in accordance with international law.”Having failed to stave off ICJ hearings, Israel is now up against the wall.
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