In an international court proceeding over Israel’s 1967 occupation of Palestinian territory, the foreign minister of Palestine charged Israel with “colonialism and apartheid.”
At the UN’s highest court, the International Court of Justice (ICJ), in The Hague, Riyad al-Maliki addressed a bench of justices, saying, “For over a century, the inalienable right of the Palestinian people to self-determination has been denied and violated. Palestine was not an empty land. It was not a wilderness, as Israeli authorities have claimed. These grounds supported life.”
Hearings at ICJ
The Genocide Convention has led to a series of hearings in the International Criminal Court (ICJ) to assess the impact of Israeli policies on the West Bank and East Jerusalem.
The hearings are separate from a case brought by South Africa under the Convention, which called for a ceasefire in Gaza.
The court issued provisional measures in January, calling on Israel to rein in its military operations and provide humanitarian relief to besieged Palestinians. Although these measures are legally binding, they have not significantly changed the way Israel has pursued its military campaign in Gaza.
Pakestine’s FM accuses Israel
As justices consider the legal ramifications of the Israeli occupation, Palestinian Foreign Minister Riyad Al-Malki told the UN’s highest court on Monday that his people were subject to “colonialism and apartheid” under Israeli control.
However, Judges at the International Court of Justice’s (ICJ) permanent residence, the Peace Palace in The Hague, will hear speeches from several nations, including the US, China, and Russia.
Besides, the UN General Assembly requested an advisory opinion from the ICJ in December 2022 regarding the legal consequences of Israel’s policies in the Occupied Palestinian Territory, including East Jerusalem.
This comes amid increasing international legal pressure on Israel over the Gaza war, sparked by the October 7 Hamas attacks.
The hearings are separate from a high-profile case brought by South Africa, alleging genocidal acts by Israel during the Gaza offensive in which it ruled that Israel must prevent genocide and allow humanitarian aid into Gaza but did not order a ceasefire. The ICJ is being asked by the General Assembly to examine the legal consequences of Israel’s ongoing violation of the Palestinian people’s right to self-determination, including the occupation, settlement, and annexation of Palestinian territory since 1967.
Is Israel reflecting colonising attitudes?
The International Criminal Court (ICC) has opened an investigation into Israel’s colonization of Palestine, marking a symbolic victory for Palestinians. However, the path to international justice requires efforts beyond the ICC. The ICC, established in 2002, is now in its 20th year.
Recent attacks by Israeli forces on worshippers at the Ibrahimi Mosque in Hebron and the demolition of Palestinian-owned homes in Silwan, East Jerusalem, highlight the ongoing atrocities committed by Israeli forces. The quest for international criminal justice and accountability is crucial in addressing Israel’s violations of international law and injustice against Palestinians.
Few argue that Israeli actions in the Occupied Palestinian Territory, including the West Bank, East Jerusalem, and the Gaza Strip, are a continuation of settler colonialism, systematically replacing indigenous peoples with invasive colonizers.
This system involves prolonged occupation, eviction, repression of their cultures, and exploitation of land and resources.
According to Patrick Wolfe (2006), settler colonialism is a perpetual system of indigenous erasure, and the term “colonization” is more appropriate than “occupation.”
Israeli settler colonialism, as depicted by the forced expulsion and demolition of Palestinians in occupied East Jerusalem for an Israeli religious theme park, is a form of settler colonialism.
Palestine, with observer status, has referred Israeli forces’ grave violations to the Office of the Prosecutor of the International Criminal Court (ICC), established through the Rome Statute in 1998. The ICC prosecutes individuals committing serious crimes under international law, including war crimes, crimes against humanity, genocide, and aggression.
Thus, all eyes are on the upcoming ICJ whether it declares Israel coloniser or not heeding to Palestine’s demand.
