Palestinian National Authority Foreign Affairs Minister Riyad Al-Maliki (right) delivers a statement after the United Nations' highest court opened historic hearings in The Hague, Netherlands, on Monday, February 19, 2024. The Palestinian foreign minister has accused Israel of apartheid and urged the United Nations’ top court to declare that Israel’s occupation of lands sought for a Palestinian state is illegal. If the situation endures, the Palestinians say any hope for a two-state future will die. The allegation came at the start of historic hearings looking into the legality of Israel’s 57-year occupation of lands sought for a Palestinian state. AP Photo / Peter Dejong
Palestinian National Authority Foreign Affairs Minister Riyad Al-Maliki (right) delivers a statement after the United Nations' highest court opened historic hearings in The Hague, Netherlands, on Monday, February 19, 2024. The Palestinian foreign minister has accused Israel of apartheid and urged the United Nations’ top court to declare that Israel’s occupation of lands sought for a Palestinian state is illegal. If the situation endures, the Palestinians say any hope for a two-state future will die. The allegation came at the start of historic hearings looking into the legality of Israel’s 57-year occupation of lands sought for a Palestinian state. AP Photo / Peter Dejong
The Palestinian foreign minister has accused Israel of apartheid and urged the United Nations’ top court to declare Israel’s occupation of lands sought for a Palestinian state is illegal and must end immediately and unconditionally if there’s any hope for a two-state future to survive.
The remarks came at historic hearings looking into the legality of Israel’s 57-year occupation. The case opened against the backdrop of the Israel-Hamas war, which immediately became a focal point of the day — even though the hearings were meant to center on Israel’s open-ended control over the occupied West Bank, the Gaza Strip and annexed East Jerusalem.
Palestinian Foreign Affairs Minister Riad Malki told the International Court of Justice that “2.3 million Palestinians in Gaza, half of them children, are besieged and bombed, killed and maimed, starved and displaced”.
“More than 3.5 million Palestinians in the West Bank, including in Jerusalem, are subjected to colonisation of their territory and racist violence that enables it,” he added.
International law expert Paul Reichler, representing the Palestinians, told the court that the policies of Israel’s government “are aligned to an unprecedented extent with the goals of the Israeli settler movement to expand long-term control over the occupied West Bank, including East Jerusalem, and in practice to further integrate those areas within the territory” of Israel.
Palestinian National Authority Foreign Affairs Minister Riyad Al-Maliki. Photo / AP
The hearings follow a request by the UN General Assembly for a non-binding advisery opinion into Israel’s policies in the occupied territories. Judges will likely take months to issue an opinion.
Israel’s representatives were not scheduled to speak but submitted a five-page letter to the court last July that was published after Monday’s hearing.
In the letter, Israel said the questions put to the court are prejudiced and “fail to recognise Israel’s right and duty to protect its citizens,” address Israeli security concerns or acknowledge Israel-Palestinians agreements to negotiate issues, including “the permanent status of the territory, security arrangements, settlements, and borders:.
“While the request made to the court seeks to portray it as such, the Israeli-Palestinian conflict is not a cartoon narrative of villain and victim in which there are no Israeli rights and no Palestinian obligations,” it said. “Entertaining such a falsehood can only push the parties further apart, rather than help create conditions to bring them closer together.”
In court, Malki cited the right to self-determination enshrined in the UN charter as he told judges that “for decades, the Palestinian people have been denied this right and have endured both colonialism and apartheid”.
The Palestinians argue Israel, by annexing large swaths of occupied land, has violated the prohibition on territorial conquest and the Palestinians’ right to self-determination, and has imposed a system of racial discrimination and apartheid.
Israeli female soldiers pose for a photo at a position on the Gaza Strip border, in southern Israel. Photo / AP
“This occupation is annexation and supremacist in nature,” Malki said, and appealed to the court to uphold the Palestinian right to self-determination and declare “that the Israeli occupation is illegal and must end immediately, totally and unconditionally”.
After the hearing, Malki said the court’s opinion could increase chances for peace. “This ruling could help both Palestinians and Israelis to finally live side by side in peace, mutual security and dignity,” he told reporters.
An unprecedented 51 countries and three international organisations will address the court in the coming days.
Palestinians and leading rights groups argue the occupation goes far beyond defensive measures. They say it has morphed into an apartheid system, bolstered by settlement-building on occupied lands, that gives Palestinians second-class status and is designed to maintain Jewish hegemony from the Jordan River to the Mediterranean Sea. Israel rejects any accusation of apartheid.
Israel captured the West Bank, East Jerusalem and the Gaza Strip in the 1967 Mideast war. The Palestinians seek all three areas for an independent state. Israel considers the West Bank to be disputed territory, the future of which should be decided in negotiations.
It has built 146 settlements across the West Bank, according to watchdog group Peace Now, many of which resemble fully developed suburbs and small towns. The settlements are home to more than 500,000 Jewish settlers, while around three million Palestinians live in the territory.
Israel annexed East Jerusalem and considers the entire city to be its capital. An additional 200,000 Israelis live in settlements built in East Jerusalem that Israel considers to be neighbourhoods of its capital. Palestinian residents of the city face systematic discrimination, making it difficult for them to build new homes or expand existing ones.
Israel withdrew all of its soldiers and settlers from Gaza in 2005, but continued to control the territory’s airspace, coastline and population registry. Israel and Egypt imposed a blockade on Gaza when the Palestinian militant group Hamas seized power there in 2007.
The international community overwhelmingly considers the settlements to be illegal. Israel’s annexation of East Jerusalem, home to the city’s most sensitive holy sites, is not internationally recognised.
It’s not the first time the court has been asked to give an advisery opinion on Israeli policies.
In 2004, it said a separation barrier Israel built through East Jerusalem and parts of the West Bank was constructed “contrary to international law”. It also called on Israel to immediately halt construction. Israel has ignored the ruling.
Also, late last month, the court ordered Israel to do all it can to prevent death, destruction and any acts of genocide during its campaign in Gaza. The order came at a preliminary stage of a case filed by South Africa accusing Israel of genocide, a charge Israel denied.
Palestinian UN Ambassador Riyad Mansour, at times overcome with emotion, concluded Monday’s hearing with an impassioned plea to the 15-judge panel to “guide the international community in upholding international law, ending injustice and achieving a just and lasting peace.”
He urged judges to “guide us towards a future in which Palestinian children are treated as children, not as [a] demographic threat; in which the identity of the group to which we belong does not diminish the human rights to which we are all entitled”.
