WATCH: ICJ set to rule on ‘legal consequences’ of Israeli rule in the territories
Jeremy Sharon is The Times of Israel’s legal affairs and settlements reporter
The International Court of Justice, the legal organ of the UN, convenes to issue its ruling on the UN General Assembly’s request for an advisory opinion from the court on the “legal consequences” of Israel’s 56-year rule in East Jerusalem, the West Bank and the Gaza Strip.
The Palestinian Authority lobbied the UN General Assembly to request the advisory opinion which was filed with the court in January 2023. The PA is seeking a ruling by the court that Israeli rule in the West Bank and East Jerusalem is illegal, and that Israel must end its control of those territories, dismantle Israeli settlements, and provide restitution to Palestinians who have been harmed by it.
The court may also issue an opinion on what the General Assembly’s request termed Israel’s “adoption of related discriminatory legislation and measures,” which refers to the claim by the PA and its allies that Israel has established an apartheid system in its rule of the West Bank and East Jerusalem.
Advisory opinions are non-binding and have no direct legal consequences, but a ruling against Israel would be another blow to its international standing and the legitimacy of Israeli rule in the West Bank and East Jerusalem.
It would likely give a headwind to the BDS movement and may provide further grist for legal suits in the domestic courts of different nations demanding arms embargoes, trade boycotts, and other sanctions.
An advisory opinion issued by the ICJ that the security barrier Israel built in the West Bank in the early 2000s, however, had little discernible impact.