Eye on the Middle East | The case 52 states made against Israel before the ICJ

On February 27, the United Nations’ Food and Agriculture Organization reported that Gaza was on the brink of famine as a direct result of Israel’s ongoing military response to the October 7 attacks by Hamas, which killed a little over 1,100 in Israel. As the casualties in Gaza neared 30,000, the International Court of Justice began hearing oral arguments from 52 states and three international organisations and the Organisation of Islamic Cooperation ), in a case titled “Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem”. The new case allows the ICJ, for the first time, an opportunity to examine the legal consequences of Israel’s indefinite occupation of Palestinian territories, as well as the responsibilities of third states. In its request, the UN had asked for the Court’s opinion on two questions: What are the legal consequences arising from the ongoing violation by Israel of the right of the Palestinian people to self-determination, from its prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967, including measures aimed at altering the demographic composition, character and status of the Holy City of Jerusalem, and from its adoption of related discriminatory legislation and measures? How do the policies and practices of Israel referred to in paragraph above affect the legal status of the occupation, and what are the legal consequences that arise for all States and the United Nations from this status?” While the scope of South Africa’s contentious case is limited to potential breaches of the 1949 Genocide Convention, flowing from Israel’s current bombing of Gaza, the court’s opinion in this case will inform the requesting body’s — the UNGA’s — decision-making process.