Israel should not be legally forced to withdraw from the occupied Palestinian territories without security guarantees, the United States told the UN’s highest court on Wednesday.
The International Court of Justice (ICJ), which sits in The Hague, is holding hearings this week on the legal consequences of Israel’s occupation of Palestinian territories since 1967, with an unprecedented number of 52 countries called to testify.
Most speakers called for Israel to end its occupation following the Six-Day War, but Washington came to its ally’s defense.
“The court should not conclude that Israel is legally obligated to immediately and unconditionally withdraw from the occupied territory,” said Richard Visek, legal adviser to the US State Department.
“Any movement toward Israel’s withdrawal from the West Bank and Gaza requires consideration of Israel’s very real security needs,” which were reiterated on October 7, he continued.
These hearings come against a backdrop of growing international legal pressure on Israel over the war in Gaza.
The conflict was triggered by the attack on Israeli soil by the Palestinian Islamist movement Hamas on October 7, which left more than 1,160 dead, the majority civilians, according to an AFP count based on data Israeli officials.
In retaliation, the Israeli army launched an offensive which left 29,313 dead in Gaza, the vast majority civilians, according to the Hamas Ministry of Health.
This violence “reinforces the United States’ resolve to urgently achieve definitive peace,” Mr. Visek said.
But “negotiations are the path to lasting peace,” he said.
“Last 75 years”
“I expected a lot more. I haven’t heard anything new,” responded the head of Palestinian diplomacy, Riad Al-Maliki.
Washington insisted that the Israeli-Palestinian conflict be addressed “in other forums and not here,” the minister said.
“We have tried other forums over the past 75 years and we have faced the American veto and American hegemony over the decision-making processes within the United Nations system,” he continued.
“And that’s why we came to the ICJ,” he added.
On December 31, 2022, the United Nations General Assembly adopted a resolution requesting from the ICJ a non-binding “advisory opinion” on the “legal consequences arising from the policies and practices of Israel in the occupied Palestinian territory, including Jerusalem- East “.
The court will rule “urgently” on this case, probably by the end of the year. While not binding, most advisory opinions are, in fact, effective.
Israel is not participating in the hearings, but submitted a written submission in which it called the questions posed to the court “prejudicial” and “tendentious.”
Also speaking on Wednesday, Egypt’s representative called the occupation a “continuing violation of international law.”
“The consequences of Israel’s prolonged occupation are clear and there can be no peace, stability or prosperity without respect for the rule of law,” said Jasmine Moussa, legal adviser at the Ministry of Foreign Affairs. .
The hearings began Monday with testimony from Palestinian officials, who accused the Israeli occupiers of running a system of “colonialism and apartheid” and urged judges to call for an end to the occupation “immediately, completely and unconditionally.” “.
South Africa’s ambassador to the Netherlands told judges on Tuesday that Israel’s policies in the Palestinian territories are an “even more extreme” form of the apartheid South Africa experienced before 1994 .
These hearings are separate from a case brought to the ICJ by South Africa, which accuses Israel of committing genocidal acts in Gaza. In January, the court called on Israel to prevent any possible act of genocide in this small Palestinian territory, but did not mention a ceasefire.