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Israeli occupation of Palestinian territory ‘illegal’: U.N. top court

  • July 20, 2024
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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Israeli occupation of Palestinian territory ‘illegal’: U.N. top court

Sub : IR

Sec: Places in news

Context:

  • The International Court of Justice (ICJ) stated that Israel’s long-term occupation of Palestinian territory is illegal and should end immediately.

Details:

  • This advisory opinion, although not binding, comes amid the ongoing conflict between Israel and Hamas.

Israel’s Settlement Policies:

  • Israel’s actions, including building new settlements and maintaining a separation wall, are considered as annexing large parts of the occupied territory.

U.N. and ICJ Proceedings:

  • The U.N. General Assembly sought the ICJ’s opinion on Israel’s violation of Palestinians’ right to self-determination and discriminatory measures.
  • The ICJ’s opinion on the legal status of Israel’s occupation and its implications for the U.N. and other countries was also requested.
  • Historically, the ICJ has provided non-binding advisory opinions on similar disputes, such as Kosovo’s independence and South Africa’s occupation of Namibia.
  • In 2004, the ICJ declared parts of Israel’s separation wall illegal and called for its removal, a ruling Israel has not complied with.

About ICJ:

  • ICJ was established in 1945 by the United Nations charter and started working in April 1946.
  • It is the principal judicial organ of the United Nations, situated at the Peace Palace in The Hague (Netherlands).
  • Unlike the six principal organs of the United Nations, it is the only one not located in New York (USA).
  • It settles legal disputes between States and gives advisory opinions in accordance with international law, on legal questions referred to it by authorized United Nations organs and specialized agencies.
  • It has 193 state parties and current President is Lebanese Judge Nawaf Salam.

Structure of ICJ:

  • The Court is composed of 15 judges, who are elected for terms of office of nine years by the United Nations General Assembly and the Security Council. These organs vote simultaneously but separately.
  • In order to ensure a measure of continuity, one third of the Court is elected every three years and Judges are eligible for re-election.
  • ICJ is assisted by a Registry, its administrative organ. Its official languages are English and French.
  • The 15 judges of the Court are distributed in following regions:
    • Three from Africa.
    • Two from Latin America and Caribbean.
    • Three from Asia.
    • Five from Western Europe and other states.
    • Two from Eastern Europe.
  • Unlike other organs of international organizations, the Court is not composed of representatives of governments. Members of the Court are independent judges whose first task, before taking up their duties, is to make a solemn declaration in open court that they will exercise their powers impartially and conscientiously.
  • In order to guarantee his or her independence, no Member of the Court can be dismissed unless, in the unanimous opinion of the other Members, he/she no longer fulfils the required conditions. This has in fact never happened.
IR Israeli occupation of Palestinian territory ‘illegal’: U.N. top court

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