Neelam Rahim | neelam@radioislam.co.za

3-minute read
21 February 2024 | 08:07 CAT

FILE PHOTO: Protesters hold a Palestinian flag as they gather outside the International Court of Justice (ICJ) as judges rule on emergency measures against Israel following accusations by South Africa that the Israeli military operation in Gaza is a state-led genocide, in The Hague, Netherlands, January 26, 2024. REUTERS/Piroschka van de Wouw/File Photo

In a historic move, the International Court of Justice began hearing arguments on Monday on Israel’s Occupation of Palestinian Territories dating back to 1967.

The Palestinian delegation urged for an immediate end to the occupation, setting the stage for a significant legal showdown.

Throughout the proceedings, 52 countries and three organisations weigh in on the legal ramifications of Israel’s control over the West Bank, Gaza and East Jerusalem. The arguments have gained urgency amid the deadliest-ever Israeli-Palestinian war in Gaza and less than a month after the court ordered Israel in a separate case to restrain its attacks in Gaza.

Delving deeper into the ICJ hearings, Radio Islam International discussed with the International Justice Cluster Lead at the Southern Africa Litigation Centre (SALC), Dr Atilla Kisla.

Clarifying the distinctions between these six days of hearings and the recent case South Africa brought to the ICJ regarding Israel’s contravention of the genocide convention in Palestine.

Dr Kisla pointed out, “the judges are asked to give advisory opinions, as in this instance. Advisory opinions carry authority and legal weight, but they are not binding. Regarding South Africa’s case, the court’s rulings are binding.”

Sessions this week were requested by the United Nations General Assembly resolution in December 2022. Essentially, the judges are being asked to review a panoply of Israel’s longtime policies and the legality of Israel’s continuing occupation.

The Palestinian Authority’s foreign minister, Riyad al-Maliki, opened the proceedings by telling the court that Israel had subjected Palestinians to decades of discrimination, leaving them with the choice of “displacement, subjugation or death.”

Israel is not scheduled to appear at the hearings, but it has filed a written submission rejecting the validity of the proceedings.

Listen to the full interview on The Daily Round-Up with Moulana Junaid Kharsany.