Top U.N. court holds public hearing on legality of Israeli occupation

The International Court of Justice will hold the second day of public hearings on what it called “occupied Palestinian territory, including East Jerusalem,” on Tuesday. South Africa, which is leading a separate case in the ICJ alleging Israel has committed genocide in Gaza, is expected to present oral arguments Tuesday, along with Saudi Arabia, Canada and several other countries. The United States will participate on Wednesday.

The six days of hearings at the top U.N. court deal with the broader topic of control of the occupied West Bank, annexed East Jerusalem and the Gaza Strip, but they could put added pressure on Israel over its military campaign in Gaza.

Palestinian representatives offered emotional remarks Monday, calling on the court to confirm Israeli occupation is illegal.

Riyad Mansour, the Palestinian envoy to the United Nations, choked back tears while urging the court “to guide the international community in upholding international law, ending injustice and achieving a just and lasting peace” and toward “a future in which Palestinian children are treated as children, not as a demographic threat.”

Palestinian Foreign Minister Riyadh Malki said the Palestinian people “have endured both colonialism and apartheid” for decades. “There are those who are outraged by the use of these words,” he said. “They should instead be outraged by the reality we are living.”

Israel will not attend the hearings. Prime Minister Benjamin Netanyahu’s office said in a statement on social media that it does not recognize the hearing’s legitimacy, calling it an infringement on “Israel’s right to defend itself against existential threats.”

The hearings come in response to a request from the General Assembly in December 2022 for “advisory, non-binding, opinion” on the Israeli occupation, according to the United Nations.

Israel does not consider that it “occupies” Gaza. Israel has argued that it ceded control over the enclave in 2005, when it unilaterally withdrew. However, human rights groups say Israel has maintained control over Gaza in other ways, including through a blockade, which Israel and Egypt imposed when the militant group Hamas took power in 2007. The Biden administration has said there must be no “reoccupation” of Gaza as a result of the current conflict.

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