International Court of Justice
The US is demanding that the international court take Israel's security needs into account in hearings on the legal status of the occupied territories
Wednesday 21 February 2024 7.14pm GMT
The US has urged the International Court of Justice (ICJ) in The Hague not to issue a ruling requiring Israel's immediate withdrawal from the occupied Palestinian territories, arguing that Israeli security must be taken into account in any resolution to the conflict.
“Any move toward Israel’s withdrawal from the West Bank and Gaza Strip requires consideration of Israel’s very real security needs,” State Department deputy legal adviser Richard Visek told International Court of Justice judges.
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Visek presented the US position this week in the International Court of Justice hearings, first requested by the UN General Assembly in 2022. They are intended to examine the legal status of the occupied territories and the implications for the international community's approach to the conflict notice.
More than 50 states are expected to present their positions in the week-long hearings, which have made the isolation of Israel's few supporters even more evident after only the United States voted against a draft ceasefire resolution at a UN Security Council hearing on Tuesday. with the United Kingdom abstaining. The US and UK are expected to find themselves almost alone again in the International Court of Justice hearings, urging restraint in deciding the Israeli occupation.
The International Court of Justice is expected to issue its opinion by the summer, and it could have far-reaching political and legal implications if it declares the occupation illegal. This could, for example, have implications for governments seeking to ban boycott campaigns against products manufactured in the occupied territories. It could also further increase the geopolitical costs for the US and UK of continuing to defend Israel on the world stage.
In laying out the U.S. case on Wednesday, Visek argued that both the U.N. Security Council and the General Assembly had paved the way to a peaceful solution through negotiations that would essentially involve an exchange of land for peace.
“A lasting peace requires progress on these two balanced elements,” he told the judges. “They have asked you to attempt to resolve the entire dispute between the parties through an opinion that addresses issues that focus on the actions of only one party.”
Visek stressed that Washington is not ruling out a role for the International Court of Justice in the conflict, but is instead calling on the court to “carefully calibrate its advice” in light of the eventual need for a negotiated settlement.
Most other states that submitted comments in the case have argued the opposite: the lack of negotiations in the face of the Israeli government's stubborn opposition to the establishment of a Palestinian state requires decisive intervention by the International Court of Justice.
“This is the central dispute between the United States and many other countries about the court's prudence on certain issues,” said Adil Haque, a professor at Rutgers Law School.
“Many other states have said today and in the last few days: What negotiations? There is no negotiation process. The Israeli government is not interested in a negotiated process that leads to a solution and therefore there is no reason for the court to take tough action.”
Haque argued that the ICJ must play a role in setting the legal parameters for a negotiated settlement.
“Usually in a negotiation, I have a legal right to something you want, you have a legal right to something I want, and we negotiate an exchange,” he said. “So the court can play a constructive role by informing the parties of their legal rights and then allowing them to negotiate on that legal basis.”
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