The ICJ Has Not Urged Israel To Return the Occupied Palestinian Territories
The Claim
The International Court of Justice calls on Israel to return occupied territories, including Jerusalem.
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Recently, accounts and social media pages have been circulating a video that claims to be an invitation from the International Court of Justice to Israel to return the occupied Palestinian territories, including Jerusalem, the cessation of unlawful settlements, the return of confiscated properties to Palestinians, and the accountability of Israel for crimes against humanity, such as apartheid and genocide.
Misbar’s Analysis
Misbar investigated the circulating claim and found it to be misleading. The video is not an invitation from the International Court of Justice to Israel, urging the return of occupied territories and the end of unlawful settlements. The International Court of Justice has not announced such decisions. Additionally, the person appearing in the video is not a judge in the court.
A Lawyer With the Palestinian Defense Team at the ICJ
The video shows Professor Alain Pellet, a former faculty member at the University of Paris and a member of the legal team advocating for Palestine at the International Court of Justice.
Pellet appeared before the International Court of Justice on February 19, addressing the legal repercussions of Israeli practices in Palestinian territories. During the session, the Palestinian defense team called for an immediate and unconditional end to Israel's occupation.
Pellet asserted that Israel cannot justify these violations by claiming it was forced to do so. In his address, he highlighted Israel's 57-year occupation of Jerusalem and emphasized the need for ending the occupation of all Palestinian territories. Additionally, the lawyer placed responsibility on Israel to compensate victims for its unlawful practices, stating that it systematically and seriously violated its international obligations.
International Court of Justice Sessions on the Legal Implications of Israeli Occupation
The International Court of Justice in The Hague initiated public hearings on Monday, February 19, addressing the legal ramifications of Israel's policies and practices in the occupied Palestinian territories.
Continuing for the fourth consecutive day on Thursday, February 22, the court witnessed condemnation from several countries regarding Israeli violations against Palestinians.
During these sessions, 52 countries are expected to present their opinions, following a resolution from the United Nations General Assembly at the end of 2022. The resolution urged the court to issue a non-binding "advisory opinion" on "the legal consequences arising from Israel's policies and practices in the occupied Palestinian territory, including East Jerusalem."
Most countries expressing their opinions thus far have called for an end to the Israeli occupation of Palestinian territories. However, on Thursday, February 22, the United States defended Israel, stating that the court should not conclude that Israel is legally obliged to immediately and unconditionally withdraw from the occupied territories.
The ICJ Calls on Israel To Prevent Genocide in Gaza
Regarding the lawsuit filed by South Africa with the International Court of Justice against Israel, accusing it of committing genocide against Palestinians and calling for an end to the war in Gaza, the court urged Israel to take all necessary measures to prevent acts covered by Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide.
The court stated that it acknowledges the right of Palestinians in Gaza to protection against acts of genocide, confirming that the conditions for imposing provisional measures on Israel are met. However, it has not issued any orders to halt the ongoing war on Gaza.
On February 16, the International Court of Justice rejected another lawsuit from South Africa, which demanded an end to the Israeli war in Gaza. The court emphasized the immediate implementation of measures it issued on January 26.
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