The International Court of Justice in The Hague
The Hague: The International Court of Justice (ICJ) will hold public hearings on the request for an advisory opinion in respect of the ‘Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem’, from Monday 19 to Monday 26 February 2024 at the Peace Palace in The Hague, the seat of the Court.
Fifty-two States and three international organizations have expressed their intention to participate in the oral proceedings before the Court.
Advisory proceedings start at the ICJ with the filing of a request for an advisory opinion by anybody authorized by or per the Charter of the United Nations to make such a request.
On December 30, 2022, the General Assembly of the United Nations adopted a resolution in which it requested the International Court of Justice to give an advisory opinion on the following:
(a) What are the legal consequences arising from the ongoing violation by Israel of the right of the Palestinian people to self-determination, from its prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967, including measures aimed at altering the demographic composition, character and status of the Holy City of Jerusalem, and from its adoption of related discriminatory legislation and measures?
(b) How do the policies and practices of Israel affect the legal status of the occupation, and what are the legal consequences that arise for all States and the United Nations from this status?”
In a letter dated January 17, 2023, the Secretary-General of the United Nations transmitted the request for an advisory opinion to the Court.
By an Order dated February 3, 2023, the Court decided “that the United Nations and its Member States, as well as the observer State of Palestine, are considered likely to be able to furnish information on the questions submitted to the Court for an advisory opinion and may do so within the time-limits fixed in th[e] Order”.
In an advisory opinion case, States and international organizations considered likely to be able to furnish information to the Court are invited to submit written statements and, in some cases, written comments on those written statements. A State or organization that has not taken part in the written proceedings (i.e. that did not submit either a written statement or written comments) may take part in the oral proceedings.
Once the written and, where necessary, oral proceedings have concluded, the Court retires to begin its deliberation. It then delivers its opinion in open court.
– global bihari bureau
