INTERNATIONAL COURT OF JUSTICE
The International Court of Justice was set up by the UN Charter in June 1945. It rules on disputes between member states and issues ‘advisory opinions’ on matters where there is not a dispute between member states but where the case is referred by UN committees and specialised agencies. An advisory opinion is not a judgment but is still definitive of the issue to which it relates.
The Apartheid Wall – On 8 December 2003 the UN General Assembly voted to ask the Court for an advisory opinion on Israel’s Apartheid Wall. It was limited to an advisory opinion as Palestine (not being member state) could not bring a formal case. The court’s opinion, handed down on 9 July 2004, was that the wall and its associated regime is contrary to international law. The opinion and the extensive case papers can be seen HERE.
Illegal occupation – On 30 December 2022 the UN General Assembly resolved to ask the International Court of Justice for an ‘advisory opinion’ on the legal consequences of Israel’s occupation of Gaza, the West Bank and the Golan Heights in Syria (all seized in 1967). The court can deliver an advisory opinion without there being a dispute between governments. Many governments filed written arguments and there was a week-long hearing at the end of February. The ‘advisory opinion’ was finally delivered on 19 July 2024 and concludes that Israel’s occupation of the ‘Occupied Palestinian Territories’ (ie West Bank, East Jerusalem, Gaza and the Golan Heights) is unlawful. You can follow the case, including all the documents and the televised hearings from HERE.
Genocide – The South African government broke new ground in January by filing a complaint against Israel at the International Court of Justice. They invited the court to find that Israel is committing genocide and asked for urgent ‘provisional measures’ (the equivalent of an injunction) to stop the military campaign. All the formal case documents including orders can be accessed HERE. The case was presented on 11 January 2024 and you can watch it on youtube HERE. As most media (including the BBC) failed to broadcast it live, actors (including some from Game of Thrones!) have recited the written case and you can access it from HERE. The Israeli reply was the following day (and was broadcast live on BBC); you can watch it on youtube HERE. You can sign a petition in support of the application HERE.
The court issued its first ruling on 26 January 2024. You can read it in full HERE. In summary, it accepted that the case was brought within the rules of the court and concluded that the evidence provided by South Africa made a ‘plausible’ case. It decreed a number of provisional measures. Although it did not call specifically for a ceasefire, it was a strong ruling, as it included an explicit direction to stop killing Palestinians. The Israeli government was required to file a report within a month, detailing progress.
Since then the South African government on 6 March filed a further application for provisional measures; the Israeli government filed a response and a further ruling was issued on 28 March. Again the Israeli government is directed to file a reply within a month. A further hearing took place on 16 and 17 May at which a further review of the case was requested by South Africa. You can follow the case and read the documents from HERE. The judgment, delivered on 24 May 2024, was a definitive order that Israel end its offensive in Rafah, to open the Rafah crossing and facilitate UN investigations. The order can be read HERE.
As something of a follow-up, the Nicaraguan government has taken a case against Germany for aiding and abetting genocide. The Nicaraguan application for provisional measures was rejected on 19 July 2024, the German government arguing that its arms exports to Israel had dropped substantially. A timetable has been set for the hearing of the case which will not be until the middle of 2026 at the earliest. You can follow the case from HERE.
See the long statement from Palestine Solidarity Campaign HERE.
In the face of so many countries disregarding international rulings, a new ‘Hague group’ has on 31 January 2025 been formed by nine governments (Belize, Bolivia, Colombia, Cuba, Honduras, Malaysia, Namibia, Senegal and South Africa). Their opening declaration is HERE.
INTERNATIONAL CRIMINAL COURT
The International Criminal Court is not a United Nations body but was set up in July 1998 by the Statute of Rome (which became effective in July 2002). The statute has been adopted by 123 states including Britain and (as of January 2015) the State of Palestine. Israel and the United States are among the states who have not adopted it.
The Palestinians asked the ICC to investigate those responsible for the attack on the Mavi Marmara in 2010. The Palestinian group Badil also prepared in February 2016 a dossier (see HERE) relating to Israel’s 2014 attack on Gaza, entitled No Safe Place: Crimes against humanity and war crimes. In December 2019 – there were delays – the ICC finally concluded that there were reasonable grounds to proceed on these allegations but asked the court to rule on whether it had jurisdiction. That ruling was delivered on 5 February 2021 and found that the court does have jurisdiction over Gaza, the West Bank and East Jerusalem. Further process has begun and THIS is the statement of the Chief Prosecutor on 3 March 2021.
The ICC has its own investigators and decides whether to prosecute individuals for specific offences. On 20 March 2024 Law For Palestine filed a lengthy submission alleging genocide on the part of members of the Israeli war cabinet. A summary of the document is HERE. On 20 May 2024 the Chief Prosecutor announced his intention HERE to seek arrest warrants against Netanyahu and Gallant as well against certain Hamas leaders. The British and German governments did their best to stop the warrants being issued against Netanyahu and Gallant and filed objections about ‘jurisdiction’ which the court will have to consider. Britain after the change of government in July 2024 stopped trying to stop the warrants while continuing to show no enthusiasm for the process. Judges at the court finally issued warrants on 21 November 2024.
Separately, the Belgium-based Hind Rajab Foundation in October 2024 filed with the ICC a complaint against 1,000 named Israeli military personnel. Further details HERE.
There is also a criminal complaint filed in the Netherlands, to the effect that Israeli attempts to undermine the ICC constitute an offence under Dutch law (the ICC is based in the Dutch capital the Hague). The complaint, filed on behalf of a number of Palestinians, refers to THIS LETTER from US senators.