Arab states, Turkey ask World Court to declare Israel’s occupation illegal

THE HAGUE — Arab states urged international judges on Feb 26 to rule the Israeli occupation of Palestinian Territories illegal and Turkey described the occupation as "the real obstacle to peace" on the final day of hearings in a case examining its legal status.

The International Court of Justice (ICJ) has been hearing arguments from more than 50 states following a request by the UN General Assembly in 2022 to issue a non-binding opinion on the legal consequences of the Israeli occupation.

On the sixth and last day of hearings, Turkey's Deputy Foreign Minister, Ahmet Yildiz, told judges the occupation was the root cause of conflict in the region.

Yildiz also addressed the Oct 7 attacks by Hamas in Israel, which killed 1,200 people, and Israel's military response that has since killed more than 29,000 Palestinians.

"The unfolding situation after Oct 7 proves once again that, without addressing the root cause of the Israeli-Palestinian conflict, there can be no peace in the region," he said, describing the occupation of the Palestinian Territories as "the real obstacle to peace" and urging the judges to declare it illegal.

Israel, which is not taking part in the hearings, said in written comments that the court's involvement could be harmful to achieving a negotiated settlement to the conflict, calling the questions posed to the court prejudiced.

Palestinian factions have also come under international pressure to end their own divisions over their response to Israel's occupation, the war in Gaza and what political system might follow it.

As Turkey's Yildiz was speaking in court, news broke that Palestinian Prime Minister Mohammad Shtayyeh had resigned and said it was a move to pave the way for a political consensus on a political structure to govern Gaza after the conflict.

Earlier on Feb 26, the Arab League's secretary-general, Ahmed Aboul Gheit, described the occupation as "an affront to international justice" in a statement read out by a representative.

It called on the ICJ, also known as the World Court, to "confirm the illegality of this occupation and unambiguously rule on the legal consequences for all parties, especially those who turn a blind eye, facilitate, assist, or participate in any way in perpetuating this illegal situation".

On Feb 19, Palestinian representatives asked the judges to declare Israel's occupation of their territory illegal and said the court's opinion could help reach a two-state solution to decades of the Israeli-Palestinian conflict that has now devastated Gaza.

The United States urged the court last week to limit any advisory opinion on the occupation and not order the unconditional withdrawal of Israeli forces from the Palestinian Territories.

On Feb 23, the Biden administration said Israel's expansion of settlements in the occupied West Bank was inconsistent with international law, signalling a return to long-standing US policy that had been reversed by the previous administration of Donald Trump.

The ICJ judges are expected to take roughly six months to issue an opinion on the request.

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