Put Israel on trial in the World Court

Even though it is not binding, the opinion of the International Court of Justice is an important foundation in resolving the Palestinian-Israeli conflict.

The following article was translated using both Microsoft Azure Open AI and Google Translation AI. The original article can be found in Mengadili Israel di Pengadilan Dunia

AP PHOTO/PETER DEJONG

A Palestinian flag was waving outside the courtyard of the International Court of Justice (ICJ) building in The Hague, Netherlands on February 21st, 2024, during a historic trial regarding Israel's occupation of Palestinian territory.

The International Court of Justice, also known as the World Court, became a forum for trying Israel during the week-long hearing held recently. Dozens of countries urged the highest court of the United Nations to declare Israel's occupation of Palestine a violation of international law. The legal consequence of the illegal occupation is that Israel must withdraw from the Palestinian territories.

Foreign Minister Retno Marsudi has made a strong statement before a panel of 15 judges from the International Court of Justice (ICJ) in The Hague, on Friday (23/2/2024), or the fifth day of the trial.

"The Israeli occupation is the result of unjustified coercion. The occupation that has been ongoing since 1967 and continued by Israel is a violation of international law, including international humanitarian law and international human rights law," he said.

Also read: Indonesia Reminds International Community to Stop Israel

This hearing is considered a historic "trial". A total of 52 countries have presented evidence regarding the legal consequences of Israel's occupation in Palestinian territories. The number of countries presenting their opinions this time is the highest in the history of ICJ hearings.

More than 45 countries support Palestine, either by declaring that Israel's occupation violates the law or by at least supporting a two-state solution. This two-state solution has long been ignored by Israel, which continues to maintain its occupation in the West Bank. Until the fifth day of the session, only three countries sided with Israel, namely the United States (US), Britain, and Hungary.

KOMPAS/TANGKAPAN LAYAR/KRIS MADA

dan Jalur Gaza, serta pembangunan permukiman Yahudi di wilayah tersebut. Minister of Foreign Affairs Retno Marsudi conveyed Indonesia's view in the International Court of Justice session on Friday (23/2/2024) in The Hague, Netherlands. The court session aims to seek a verdict regarding the Israeli occupation of the West Bank and Gaza Strip, as well as the construction of Jewish settlements in the area.

Translation: The hearing at the International Court of Justice began after a request from the United Nations General Assembly (UNGA) on December 30, 2022. The majority of UNGA members voted in favor of seeking the court's opinion on the legal consequences of the continued Israeli occupation of Palestine. The hearing is expected to continue until February 26, 2024.

Also read: Exposing Israel's injustice against Palestine at the International Court of Justice

In a statement released independently (as some countries only sent their legal advisors or ambassadors to the Netherlands), Retno stated that Israel has also practiced political apartheid. This practice is carried out by the imposition of military law on Palestinian citizens, but not on Jewish citizens.

Israel must withdraw all its troops, unconditionally and without negotiation. Israel must withdraw from Palestinian territory right now. (Retno Marsudi)

Differentiation of treatment based on those communities, Retno emphasized, violates international law, even including crimes against humanity.

Therefore, Retno said that the court must declare that Israel's occupation is illegal and must come to an end. Israel must stop, unconditionally and immediately, all actions in Palestinian territories, whether it be in the occupied West Bank or in Gaza. "Israel must withdraw all its troops, unconditionally and without negotiation. Israel must withdraw from Palestinian territories now," said Retno.

KOMPAS/TANGKAPAN LAYAR/KRIS MADA

Indonesian Foreign Minister Retno Marsudi (on the podium) conveyed Indonesia's views at the International Court of Justice session on Friday (23/2/2024) in The Hague, Netherlands.

The series of hearings opened on February 19, 2024 with a poignant statement from a representative of Palestine. Palestinian Foreign Minister Riyad Maliki, as quoted on the ICJ website, said that Israel had committed apartheid. Palestine urges the UN high court to declare Israel's occupation as illegal and must be immediately and unconditionally terminated so that the hope of a two-state future can be realized.

"More than 3.5 million Palestinian citizens in the West Bank, including Jerusalem, are the target of territorial occupation and racist violence that enables colonization," said Maliki with teary eyes and a trembling voice."

Rows of Palestinian supporters

Support for Palestine is not only from Islamic countries, Arab countries, and countries with Muslim-majority populations, but also from China and European countries such as France, Ireland, Norway, and Switzerland. Japan and Russia are among the countries that have declared support for the two-state solution.

"Tokyo believes that the two-state solution for an independent Palestinian state, coexisting with Israel in peace and dignity, remains the only viable path for both peoples," said Tomohiro Mikanagi, legal advisor to the Japanese Ministry of Foreign Affairs.

For the first time, Israel is being brought to trial before the ICJ by dozens of countries who collectively declare that Israel's occupation of Palestine violates the law.

AFP/ANP/ROBIN VAN LONKHUIJSEN

Palestinian Foreign Minister Riyad Maliki (left) shook hands with Ma Xinmin, the Director-General of the Treaty and Law Department of China's Ministry of Foreign Affairs (right), during the International Court of Justice session in The Hague, Netherlands on February 22, 2024, discussing the Israeli occupation in Palestinian territories.

In June 1967, Israel conquered its Arab neighboring countries in a six-day war by seizing the West Bank, including East Jerusalem, from Jordan, taking control of the Golan Heights from Syria, and seizing the Gaza Strip and Sinai Peninsula from Egypt.

Also read: International Court Difficult to Order Israel to Stop Attacking Gaza

France, which initially defended Israel's actions as self-defense during the Israeli-Hamas war in Gaza in October 2023, has now turned to condemn Israel in this occupation case. France considers that Israel has violated international law. In fact, France demands that Israel compensate for all suffering of Palestinian citizens due to this illegal action.

Representative from France, Diego Colas, stated that France condemned the illegal settlement policy undertaken by Israel, which includes the eviction of Palestinian families and destruction of properties.

"The war in Gaza is by no means a reason to continue implementing unilateral actions that undermine the prospects of a two-state solution, the only solution that can guarantee a just and permanent peace," stated Colas on the third day of the trial.

According to France, all damages that occur to the Palestinian people as a result of Israel's illegal policies and practices under international law must be subject to compensation, and if not, compensation must be provided.

From an economic point of view, according to Colas, as requested by the UN, all countries must separate Israel's territory from the occupied territories since 1967, and distinguish products based on their origin.

AP PHOTO/PETER DEJONG

Judge Nawaf Salam (center) is leading a session of the International Court of Justice in The Hague, Netherlands, on February 21, 2024.

China, which gave its opinion on the second day of the session, stated that justice for the Palestinian people should not be ignored. "Justice has been delayed for a long time, but this cannot be denied," said Ma Xinmin, legal advisor to the Chinese Ministry of Foreign Affairs.

Defender of Israel

However, there are three countries that stand as defenders of Israel, namely the US, UK, and Hungary. These three nations share the opinion that the ICJ should not give an opinion to the UN General Assembly, as doing so may disrupt the peace process.

Legal adviser of the US Department of State, Richard Visek, stated that the court should not decide that Israel is legally obligated to immediately withdraw from occupied territories without conditions. He based his argument on Hamas' attack on Israel on October 7, 2023, which he referred to as a security threat.

"Every movement towards Israel's withdrawal from the West Bank and Gaza requires consideration of Israel's very real security needs," said Visek.

Also read: US Continues to Paralyze UN on Gaza

The security narrative and the right to self-defense are always used by the US when defending Israel's military action against Palestine.

AP PHOTO/PETER DEJONG

Richard C Visek, Legal Advisor of the US Department of Foreign Affairs (right), arrived to deliver a speech at the International Court of Justice in The Hague, Netherlands, on 21 February 2024, regarding the Israeli occupation in Palestinian territories.

Meanwhile, Israel opted not to attend the hearing and only sent a five-page letter to the court. The letter stated that the questions posed to the ICJ were biased and failed to recognize Israel's rights and duties to protect its citizens.

Court impact

After receiving input from various parties, the ICJ judges are expected to provide an opinion to the UN General Assembly within the next six months. The ICJ's opinion is not a legally binding product. Nevertheless, the legal opinion or fatwa issued by the ICJ will be considered to have authoritative value and strong impact.

Also read: UN Requests Fatwa on Legal Consequences of Israel's Occupation of Palestine

International law expert Damos Dumoli Agusman said that although not binding, the ICJ's opinion holds authoritative value. If the ICJ's opinion states that Israel's occupation is illegal, it becomes a legal statement regarding a legal fact.

Although not binding, this ICJ opinion holds authoritative value. If the ICJ opinion declares the occupation of Israel to be illegal, it becomes a legal statement regarding a legal fact. (Damos Dumoli Agusman)

As a result, countries worldwide have a moral obligation to adhere to it. States that support the Israeli occupation can be considered violators of international law.

"It is impossible for any other country, whoever they may be, to say otherwise, for example, to claim that the occupation can still be considered legal," said Damos in a phone interview on Saturday (24/2/2024).

ARSIP PRIBADI

Damos Dumoli Agusman

Another impact, according to Damos, is on the UN. It is impossible for the UN to issue a resolution that recognizes Israel and rejects Palestinian rights when the ICJ has declared Israel's occupation illegal.

The most important impact, said Damos, is that the peaceful process between Palestine and Israel must be based on this legal determination. This means that neither Palestine nor Israel can produce an agreement that deviates from the ICJ's opinion.

Professor of International Law at the University of Indonesia, Hikmahanto Juwana, stated that this hearing is also expected to raise public awareness to sanction Israel. This includes raising awareness among Israeli domestic and supportive publics of Israel's policies in order to pressure the Israeli government to change its policies.

Hikmahanto considers the public pressure as a very strong force. This has been previously done in the form of, for example, boycotting products affiliated with Israel which has caused significant losses to several companies this year. (AP/REUTERS)