Back to the ICJ hearing
Brazil presents its arguments
Maria Clara Paula de Tusco, the head of the United Nations division at the Brazilian Ministry of Foreign Affairs, says Brazil will highlight the main points of a written statement presented in July 2023 to the ICJ.
- The jurisdiction of the court: There seems to be no doubt according to Article 65 of the ICJ Statute that this court is competent to issue the Advisory Opinion commissioned by the General Assembly.
- People’s right to self-determination: The right to self-determination is enshrined in international law and recognised by the UN General Assembly. Brazil asks the court to highlight the principled position that the Israeli occupation violates the right of the Palestinian people to self-determination.
- Occupation, settlements and annexation: In 1967, the UN Security Council resolution 242 emphasised the inadmissibility of acquiring territory by force and directed Israel to withdraw from the territory it occupied. However, the occupation persists to this day and has been aggravated by the construction of the wall, the building of illegal settlements and the annexation of East Jerusalem.
Maria Clara Paula de Tusco concludes her statement by saying that Brazil has been consistently advocating for a two-state solution that allows for the creation of an independent, sovereign and economically viable Palestinian state coexisting with Israel in peace and security within mutually agreed and internationally recognised borders, which include the Gaza Strip, the West Bank and East Jerusalem as its capital.
She also says:
- The prolonged occupation, settlement and annexation of Palestinian territories, including measures aimed at altering the demographic composition, character and status of these territories, including Jerusalem, violate relevant rules of international law.
- By extending its jurisdiction over the occupied Palestinian territories and establishing two distinct legal systems, one applied to Israeli settlers and another imposed under military rule to Palestinians, Israel is practising discrimination against the Palestinian population while impairing the recognition, enjoyment or exercise on an equal footing of their human rights and fundamental freedoms.
- Brazil expects that the court reaffirms that the Israeli occupation of Palestinian territories is illegal and violates international obligations through a series of actions and omissions by Israel.
- The confiscation of Palestinian lands, the destruction of Palestinian properties, the construction of Israeli settlements and of the wall, and the adoption of measures aimed at changing the demographic composition of areas within Palestinian territories must all be taken into account by the court.
- Those persistent practices are tantamount to annexation.
Chile comes to ICJ with hope of assisting process for two-state solution: Representative
Ximena Fuentes Torrijo, the representative of Chile, says that the two questions submitted by the General Assembly to the ICJ “are of the utmost importance to assist the organs of the United Nations in fulfilling its responsibility under Article 1, paragraph 1 and 2 of the United Nations”.
“Namely to take effective collective measures for the prevention and removal of threats to the peace, to bring about adjustment or settlement of international disputes or situations which might lead to a breach of peace and to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of people and to take appropriate measures to strengthen universal peace,” she adds.
She also says:
- The situation that affects the occupied Palestinian territory may only find a satisfactory solution on the basis of compliance with the charter of the United Nations, international human rights law and international humanitarian law.
- The right to self-determination to which the Palestinian people living in the OPT are entitled to play a central role in the resolution of this longstanding conflict.
- Chile is home to a large Palestinian community, the largest outside the Middle East and two an important Jewish community, the third in South America … Chile would like to see the implementation of the two-state solution within the internationally recognised and secure boundaries, and it is convinced these advisory proceedings are going to assist in that process … putting an end to the 57-year occupation of Palestinian territory.
- Chile strongly supports the view that by giving the requested advisory opinion to the General Assembly the Court will be acting within the scope of its advisory function, fulfilling its duty to provide the legal assistance that the General Assembly requires to exercise its power in the context of a longstanding conflict.
Ximena Fuentes Torrijo notes that the office of the UN High Commissioner for Human Rights documented a rapid deterioration of the situation in the West Bank and East Jerusalem since October 7, including the disproportionate use of force resulting in unlawful killings, mass arbitrary arrests and ill treatment.
She also says the following:
- High-ranking Israeli authorities clearly express that they have no intent to guarantee the right of Palestinian people to self-determination. Instead, occupation has become indistinguishable from annexation as Israel neither regards itself nor behaves as a temporary occupant.
- Israel’s policies run counter to the possibility of reaching a two-state solution and a sustainable peace in the region.
- The conclusion that Israel’s occupation of Palestinian territories is illegal lies on two grounds: The occupation has become an annexation; Israel’s systematic violations require an end to the occupation to effectively protect the right of Palestinians.
- Israel is under the obligation to cease these violations, make full reparation and offer appropriate assurances of non-repetition. Other states have the obligation to cooperate to bring this situation to an end.
‘Systematic violation of international law part of Israel’s state policy’
Ximena Fuentes Torrijo continues by saying that the policy and practices of settlements pursued by Israel since 1967 “indicates its intention to claim that its own population has the right to stay permanently” in the occupied territories. Similarly, Chile’s legal representative notes that the exploitation of Palestinian natural resources also demonstrates Israel’s attempt to exercise sovereign powers over these territories.
“By virtue of its actions, including the exploitation of natural resources, the policies of settlements, the erection of the wall, the legalisation of outposts, among others, Israel has demonstrated its intention to control indefinitely the occupied Palestinian territory,” she says. “Hence Israel’s occupation has become an annexation.”
Concluding the presentation, Torrijo says that Chile contends that “these systematic breaches are also a basis to declare that the occupation is illegal”, adding that “the systematic violation of international law” is part of Israel’s state policy. “The obligations of the occupying obviously persist despite the fact that this occupation must come to an end,” she says.
First 10 countries made clear Israel’s occupation unlawful, should end immediately
The question of whether the Israeli occupation of Palestinian territories is unlawful was very clearly answered by all 10 countries: It is absolutely unlawful and it should end immediately.
South Africa argued that this is a colonial apartheid system and that settlements have to be dismantled and reparations paid. Even countries that have very strong ties with Israel, like the Netherlands and Belgium, had very strong words of condemnation.
One legal argument that was very much dominant throughout the hearing was the permanence of the occupation. Israel has long argued that the occupation is temporary, but these countries have argued that there is no evidence that this is so.
That violates international law. There was condemnation for the defiance shown by Israel for the hundreds of resolutions that have been passed over the years. We are going to continue tomorrow as these were only 10 of the more than 50 countries we will hear from over six days here at the Peace Palace in The Hague.
Tomorrow:
- Colombia
- Cuba
- Egypt
- United Arab Emirates
- United States
- Russia
- France
- The Gambia
- Guyana
- Hungary
Canada didn't show up today, pulled out last minute.
Meanwhile, US vetoes another Gaza ceasefire resolution at UNSC
US Ambassador to the UN Linda Thomas-Greenfield has said the Algeria-drafted resolution would harm the truce negotiations between Israel and Hamas.
Thirteen countries in the 15-member body backed the measure, with one – the United Kingdom – abstaining.
The vote marks the third time the US, which is scheduled to present its arguments tomorrow at the ICJ, has vetoed Gaza ceasefire proposals at the Security Council since the start of the war on Gaza.
