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ICJ to issue opinion on Judea, Samaria ‘occupation’ on Friday

Senior government officials believe the UN court will conclude that Israel is violating international law.

Palestinian Authority diplomat Riyad al-Maliki and members of his delegation at the International Court of Justice in The Hague, Feb. 19, 2024. Photo by Robin van Lonkhuijsen/ANP/AFP via Getty Images.
Palestinian Authority diplomat Riyad al-Maliki and members of his delegation at the International Court of Justice in The Hague, Feb. 19, 2024. Photo by Robin van Lonkhuijsen/ANP/AFP via Getty Images.

The International Court of Justice in The Hague is set to rule on Friday whether it regards Israel’s military and civilian presence in eastern Jerusalem, Judea and Samaria as an illegal “occupation” under international law, the United Nations’ judicial arm announced.

Justice Nawaf Salam, the former Lebanese diplomat who presides over the world court, will read out the nonbinding advisory opinion at 3 p.m. local time, the ICJ said earlier this week.

Hearings were held in February following a request by the U.N. General Assembly pursuant to a 2022 resolution calling for an inquiry into the “Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem.”

Israel chose not to send a representative, saying the judicial body lacks jurisdiction and the proceedings were “part of the Palestinian attempt to dictate the results of the diplomatic settlement without negotiations.”

Senior government officials believe that the ICJ will conclude that Israel is violating international law in Judea and Samaria. Israel’s Foreign and Justice ministries fear the ICJ opinion could trigger another wave of sanctions against Israelis.

Jerusalem also fears that the tribunal will call on the International Criminal Court to initiate criminal proceedings against senior officials responsible for administering Judea and Samaria.

Shurat HaDin—Israel Law Center warned on Wednesday that the court will likely decide that the numerous Israeli civilian communities in Judea and Samaria are “illegal and must be dismantled at once.”

The group noted that the publication of the legal opinion, which is set to come five days before Prime Minister Benjamin Netanyahu addresses the U.S. Congress, would “provide additional reinforcement and legitimacy for those who are seeking to harm and boycott Israel.

“It’s a major boost to the BDS hate movement. Moreover, the U.N. will propose dangerous penalties and punitive actions against Israel, which will require the United States to veto them,” the legal NGO said.

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