UPDATE - Palestinian foreign minister urges top UN court to end Israeli occupation, declare it 'illegal'

UPDATES WITH REMARKS BY LAWYERS, EXPERTS

By Mohammad Sio

ISTANBUL (AA) - Palestinian Foreign Minister Riyad al-Maliki addressed the International Court of Justice (ICJ) on Monday, urging the court to terminate the Israeli occupation and deem it "illegal."

"We call upon the International Court of Justice to declare the Israeli occupation illegal and emphasize the necessity of ending it immediately and unconditionally," al-Maliki said during a hearing session at the ICJ.

The court sessions commenced Monday regarding the legal implications arising from Israel's policies and practices in the occupied Palestinian territories.

"It is time to end double standards and enforce international laws on all countries without exception," he said.

Highlighting the stark realities faced by Palestinians, the minister said: "Israel has left Palestinians with only three options: either displacement, detention, or death."

Al-Maliki further said: "Palestine remains the greatest test of the credibility of the international system based on laws, and humanity cannot bear its failure."

- Remarks by lawyers, experts

Following Maliki's opening remarks, Andreas Zimmermann, an academic at the Faculty of Law of Potsdam University and one of Palestine's lawyers, emphasized that Israel persistently rejected negotiations to end the occupation and conflicts.

Zimmermann underscored Israel's failure to fulfill its obligation to resolve disputes peacefully, highlighting its non-compliance with numerous UN resolutions and violations of international law and the UN Charter.

He said there is no compelling reason for the court to refuse to provide the requested opinion, adding that considering Israel's ongoing and escalating violations of the imperative norms of international law, the court's findings are both urgent and significant. He added that the court clearly has the authority to present the requested opinion.

Recalling Israel's repeated refusals to engage in meaningful negotiations with Palestine based on international law, Zimmermann said the mere hypothetical possibility of future negotiations cannot be used as an excuse to avoid the implementation of international law.

Lawyer Paul S. Reichler, who spoke during the hearing, emphasized the illegality of Israel's long-standing occupation and annexation of Palestinian territories, stating that according to international law, the occupation must be completely and unconditionally terminated based on valid and undisputed facts.

Reichler underscored that under international law, the temporary nature of the occupation is clear and that the ultimate goal of the occupation is to seize the maximum amount of Palestinian land with the minimum number of Palestinians.

Lawyer Reichler drew attention to the written statements submitted by other participating states, noting that except for Fiji and the US, no state explicitly supported the occupation.

Reichler observed that while all states presenting their statements to the advisory opinion uniformly opposed all of Israel's violations, Fiji and the US stood out by supporting Israel, contrary to the general trend.

Speaking at the hearing, Ambassador Namira Negm, director of the African Union Migration Observatory and one of the lawyers representing Palestine, said Israel considers all Palestinians as suspects, highlighting that despite the UN resolutions calling for the cessation of arming Jewish settlers, Israel has failed to prevent these settlers, who attack Palestinians.

Negm stressed that Israel's discriminatory policies in the occupied Palestinian territories aim to obstruct all human rights of Palestinians, saying Israel is implementing an apartheid regime in the occupied Palestinian territories.

Listing evidence of the discrimination Palestinians face, Negm mentioned the existence of two separate groups, Israeli Jews and Palestinian Muslims, emphasizing that Palestinian Muslims face severe discrimination.

Philippe Sands, a law professor at University College London and one of the lawyers representing Palestine, stated in his speech that while there is no doubt about the validity of the Palestinians' right to self-determination, Israel has prevented Palestinians from exercising this right.

As a Jewish lawyer, Sands pointed out that Israel has violated the territorial integrity of Palestine with an illegal occupation lasting over half a century.

Alain Pellet from Paris Nanterre University, another lawyer representing Palestine, also emphasized the responsibility of states regarding the occupation and violations, saying the Palestinians' violated rights, including their right to self-determination, are prohibited by the imperative rules of international law.

Pellet noted in his speech that Israel, which has occupied Jerusalem for 57 years, has an obligation to end this occupation. He also said Israel has an obligation to end the occupation in the Palestinian territories.

Israel has pounded the Gaza Strip since an Oct. 7 attack by the Palestinian group Hamas. The ensuing Israeli attacks have killed over 29,000 and caused mass destruction and shortages of necessities, while less than 1,200 Israelis are believed to have been killed in the Hamas attack.

The Israeli war on Gaza has pushed 85% of the territory's population into internal displacement amid acute shortages of food, clean water, and medicine, while 60% of the enclave's infrastructure has been damaged or destroyed, according to the UN.

Israel stands accused of genocide at the International Court of Justice. An interim ruling in January ordered Tel Aviv to stop genocidal acts and take measures to guarantee that humanitarian assistance is provided to civilians in Gaza.