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Israel in the International Courts

By David Mond, May 14th 2024

 

Israel and its policies and actions in the West Bank and Gaza are the subject of two legal cases at the International Court of Justice (ICJ) in The Hague, and the Chief Prosecutor at the International Criminal Court (ICC) has requested arrest warrants. See below:

Karim Khan.jpg

Chief Prosecutor Karim Khan

1. Israel’s occupation of the West Bank and Gaza is illegal

 

The ICJ issued its advisory opinion on the legal consequences arising from Israel’s policies and practices in the Occupied Palestinian Territories (OPT) and the consequences of Israel’s conduct for other states following an 18-month process including public hearings where more than 50 states, including Palestine, and three international organisations participated. The long-awaited advisory opinion stated that Israel’s occupation of Palestinian territories is a clear violation of international law.

 

​​i. Presentation to the ICJ by Ralph Wilde, KC, on behalf of the Arab League, March 1st, 2024

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​​ii. Summary of the Advisory Opinion of 19th July 2024. This official ICJ document begins with lengthy arguments concerning the court’s jurisdiction, leading to the conclusion that it does indeed have jurisdiction to rule. Its conclusions as regards Israeli policies and actions begin on page 9, under the heading V. ISRAEL’S POLICIES AND PRACTICES IN THE OCCUPIED PALESTINIAN TERRITORY (PARAS. 103-243). Pages 19 onwards record the votes of the members of the Court.​

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iii. The ICJ ruling is a historic vindication of Palestinian rights, Amnesty International, July 19th, 2024

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iv. The Archbishop of Canterbury’s statement on the ICJ’s Advisory Opinion, August 2nd, 2024

 

2. South Africa accuses Israel of committing genocide


i. South Africa launches case at the ICJ, accusing Israel of committing genocide
in Gaza
, PBS News, December 29th, 2023

ii. Details of the South African case, PBS News, January 3rd, 2024. This article contains a link to the
full South African indictment, and gives a summary.

iii. Al Jazeera quick guide to South Africa’s case.

 

iv. Who are South Africa’s legal team in the genocide case against Israel? The Conversation, January
12th, 2024.

 

v. Interim Ruling on South Africa’s case against Israel, International Court of Justice, January 26th,
2024 

 

vi. ICJ delivers a stinging rebuke to Israel, The Economist, 26 January 2024

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3. The Chief Prosecutor at the ICC requests arrest warrants for Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant


i. Statement of the ICC prosecutor Karim Khan KC, International Criminal Court, May 20th, 2024


ii. The UK withdraws legal objections to the prosecution of Netanyahu and GallantPolitico, July 26th, 2024

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iii. The ICC spying revelations show the Israeli government to be a lawless regime, by Kenneth Roth, former
head of Human Rights Watch, The Guardian, May 29th 2024

iv. ICC must be allowed to carry out work without intimidation, say 93 member states, by Harry Davies,The Guardian,
June 15th, 2024

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