UN court opinion due on occupied Palestinian land

The UN’s General Assembly asked the ICJ in late 2022 to give an ‘advisory opinion’ on the ‘legal consequences arising from the policies and practices of Israel in the Occupied Palestinian Territory, including East Jerusalem.’ (AFP file photo)
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Updated 19 July 2024
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UN court opinion due on occupied Palestinian land

  • Any opinion delivered by the International Court of Justice would be non-binding
  • But it comes amid mounting concern over Israel’s war against Hamas

THE HAGUE: The UN’s top court will on Friday hand down its view on the legal consequences of Israel’s occupation of Palestinian territories since 1967, amid growing international pressure over the war in Gaza.
Any opinion delivered by the International Court of Justice (ICJ) would be non-binding, but it comes amid mounting concern over Israel’s war against Hamas sparked by the group’s brutal October 7 attacks.
A separate high-profile case brought before the court by South Africa alleges that Israel has committed genocidal acts during its Gaza offensive.
Judges will read their findings at 1300 GMT at the opulent Peace Palace in The Hague, the home of the ICJ.
The UN’s General Assembly asked the ICJ in late 2022 to give an “advisory opinion” on the “legal consequences arising from the policies and practices of Israel in the Occupied Palestinian Territory, including East Jerusalem.”
The ICJ held a week-long session in February to hear submissions from countries following the request — supported by most countries within the Assembly.
Most speakers too during the hearings called on Israel to end its 57-year occupation. They warned a prolonged occupation posed an “extreme danger” to stability in the Middle East and beyond.
But the United States said Israel should not be legally obliged to withdraw without taking its “very real security needs” into account.
Israel did not take part in the oral hearings.
Instead, it submitted a written contribution in which it described the questions the court had been asked as “prejudicial” and “tendentious.”
The General Assembly has asked the ICJ to consider two questions.
Firstly, the court should examine the legal consequences of what the UN called “the ongoing violation by Israel of the right of the Palestinian people to self-determination.”
This relates to the “prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967” and “measures aimed at altering the demographic composition, character and status of the Holy City of Jerusalem.”
In June 1967, Israel crushed some of its Arab neighbors in a six-day war, seizing the West Bank including east Jerusalem from Jordan, the Golan Heights from Syria, and the Gaza Strip and Sinai Peninsula from Egypt.
Israel then began to settle the 70,000 square kilometers (27,000 square miles) of seized Arab territory.
The UN later declared the occupation of Palestinian territory illegal, and Cairo regained Sinai under its 1979 peace deal with Israel.
The ICJ has also been asked to look into the consequences of what it described as Israel’s “adoption of related discriminatory legislation and measures.”
Secondly, the ICJ should advise on how Israel’s actions “affect the legal status of the occupation” and what are the consequences for the UN and other countries.
The ICJ rules in disputes between states. Normally, its judgments are binding although it has little means to enforce them.
In this case however, the opinion it issues will be non-binding, although most advisory opinions are in fact acted upon.


Sudanese nomads trapped as war fuels banditry and ethnic splits

Updated 56 min 54 sec ago
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Sudanese nomads trapped as war fuels banditry and ethnic splits

  • War disrupts nomads’ traditional routes and livelihoods
  • Nomads face threats from bandits as well as ethnic tensions

NEAR AL-OBEID: Gubara Al-Basheer and his family used ​to traverse Sudan’s desert with their camels and livestock, moving freely between markets, water sources, and green pastures. But since war erupted in 2023, he and other Arab nomads have been stuck in the desert outside the central Sudanese city of Al-Obeid, threatened by marauding bandits and ethnic tensions.

The war between the Sudanese army and the paramilitary Rapid Support Forces (RSF) has left nearly 14 million people displaced, triggered rounds of ethnic bloodshed, and spread famine ‌and disease.

It ‌has also upset the delicate balance of ‌land ⁠ownership ​and livestock routes ‌that had maintained the nomads’ livelihoods and wider relations in the area, local researcher Ibrahim Jumaa said. Al-Obeid is one of Sudan’s largest cities and capital of North Kordofan state, which has seen the war’s heaviest fighting in recent months.

Those who spoke to Reuters from North Kordofan said they found themselves trapped as ethnic hatred, linked to the war and fueled largely online, spreads.
“We used to be ⁠able to move as we wanted. Now there is no choice and no side accepts you,” ‌al-Basheer said. “In the past there were a ‍lot of markets where we ‍could buy and sell. No one hated anyone or rejected anyone. Now ‍it’s dangerous,” he said.
RISK OF ROBBERY
As well as the encroaching war, the nomads — who Jumaa said number in the millions across Sudan — face a threat from bandits who steal livestock.
“There are so many problems now. We can’t go anywhere and if we ​try we get robbed,” said Hamid Mohamed, another shepherd confined to the outskirts of Al-Obeid.

The RSF emerged from Arab militias known ⁠as the Janjaweed, which were accused of genocide in Darfur in the early 2000s.

The US and rights groups have accused the RSF of committing genocide against non-Arabs in West Darfur during the current conflict, in an extension of long-running violence stemming from disputes over land.

The RSF has denied responsibility for ethnically charged killings and has said those responsible for abuses will be held to account. Throughout the war the force has formed linkages with other Arab tribes, at times giving them free rein to loot and kidnap.

But some Arab tribes, and many tribesmen, have not joined the fight.
“We require a national program to counter ‌hate speech, to impose the rule of law, and to promote social reconciliation, as the war has torn the social fabric,” said Jumaa.