The hearing will begin this month on the request submitted by the UN, and the decision could be published as early as this year.
BINI ASHKENAZI FEBRUARY 5, 2024 01:44
Updated: FEBRUARY 5, 2024 01:49
Israel’s deputy Attorney-General for International Law Gilad Noam and British jurist Malcolm Shaw sit in International Court of Justice, The Hague, January 26, 2024(photo credit: PIROSCHKA VAN DE WOUW/REUTERS)After the decision last month in South Africa’s lawsuit, which threatened the continuation of fighting against Hamas, Israel is now facing its next legal battle at the International Court of Justice in The Hague – a hearing on the UN’s request will review the “legality of the occupation of the West Bank.”
The hearing on the request, submitted at the initiative of Palestinians, will be held in two weeks. The request is expected to be published towards the end of the year.
Dr. Roy Scheindorf, former deputy Attorney General, explained to Walla! about such a procedure and its implications for Israel, stating that “Unlike a lawsuit between countries, as was the case when South Africa filed a lawsuit against Israel, in an advisory opinion all countries are invited to express their opinion.
“A large number of countries expected to show up”
“It’s expected there will be a large number of countries that will show up there – and most of them are expected to argue against us. Even those who are in our favor will probably focus on the claim that the tribunal should not deal with the issue, and not on the arguments that justify our way of operating in the West Bank.”
Scheindorf explains that the assessment among experts is that “in the best case it will be written that Israel is seriously violating the laws of occupation, and in the worst case that Israel is guilty of apartheid or that Israel must immediately vacate the territories.” In his estimation, “The UN will adopt it, and then the Palestinians or various countries will try to promote practical steps to implement it.”
“It’s expected there will be a large number of countries that will show up there – and most of them are expected to argue against us. Even those who are in our favor will probably focus on the claim that the tribunal should not deal with the issue, and not on the arguments that justify our way of operating in the West Bank.”Dr. Roy Scheindorf
IDF troops operate in the Gaza Strip. February 3, 2024. (credit: IDF SPOKESPERSON’S UNIT)
These steps, according to him, can be far-reaching: “States can act according to it, and take economic and other measures against the State of Israel. The precedent that the Palestinians are trying to push for is the type of actions that were taken against South Africa during the apartheid era,” Scheindorf clarifies. “It is likely that there will be attempts to pass resolutions in the UN General Assembly and the Security Council. In addition, the opinion can influence the policy regarding the activity in Israel of international companies and international investment entities.”
While Scheindorf avoids openly detailing the paths that the Israeli defense can take in the lawsuit, Walla reports, he points out that alongside the legal need, as last time – the informational and political battle can play a key role. “In my view, a significant Israeli initiative is required that will lead to a change in the trend and the discourse. At the moment, the discourse is focused on criticism of Israel and its blame for serious acts. It is necessary to change this either through a significant political move or through legal activity against the parties responsible for the Hamas massacre, such as Iran for example.”
Content retrieved from: https://www.jpost.com/israel-hamas-war/article-785164.
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