By Stephanie van den Berg
THE HAGUE (Reuters) – The United Nations’ highest court is set to issue an advisory opinion Friday on the legal ramifications of Israel’s occupation of the Palestinian territories, weighing in on one of the world’s most contentious issues at the request of the U.N. General Assembly.
While advisory opinions of judges at the International Court of Justice (ICJ) are non-binding, they carry weight under international law and a clear finding that the occupation is illegal could weaken support for Israel.
The advisory opinion process predates the current Israel-Hamas conflict, and in a separate case brought by South Africa, the court in May issued a binding order for Israel to halt its Rafah offensive in the Gaza Strip. Israel strongly condemned the ruling.
In late 2022 the General Assembly asked the court to appraise Israel’s “prolonged occupation, settlement and annexation” of Palestinian territories, including East Jerusalem, and associated Israeli government policies.
Israel captured the West Bank, Gaza and East Jerusalem – areas of historic Palestine which the Palestinians want for a state – in the 1967 war and has since built settlements in the West Bank and steadily expanded them.
Israeli leaders have argued the territories are not occupied in legal terms because they are on disputed lands, but the United Nations and most of the international community regard it as Israeli-occupied territory.
In February, more than 50 states presented their views before the court, with Palestinian representatives asking the court to find that Israel must withdraw from all the occupied areas and dismantle illegal settlements.
Israel did not participate in the hearings but filed a written statement telling the court that issuing an advisory opinion would be “harmful” to attempts to resolve the Israeli-Palestinian conflict.
The majority of states participating asked the court to find the occupation illegal, while a handful, including Canada and Britain, argued it should refuse to give an advisory opinion.
The United States, Israel’s strongest backer, urged the court to limit any advisory opinion and not order the unconditional withdrawal of Israeli forces from the Palestinian territories.
The 15-judge panel will start reading out their opinion at 3 p.m. local time (1300 GMT).
In 2004 the ICJ gave an advisory ruling that an Israeli separation barrier around most of the West Bank was “contrary to international law” and Israeli settlements were established in breach of international law. Israel dismissed the ruling.
