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Jerusalem Institute of Justice – Statement in Response to ICJ Advisory OpinionThursday 25/07/2024

On Friday, July 19, the International Court of Justice (ICJ) issued its Advisory Opinion on the “Legal Consequences Arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, Including East Jerusalem”.
The Jerusalem Institute of Justice expresses disappointment with the Court’s treatment of the numerous complex issues surrounding the Israeli-Palestinian conflict. The ICJ advisory opinion is both factually and legally flawed, wrongfully applying the laws of belligerent occupation and the laws on the use of force. While the Court asserted that it was not called upon to pronounce on Israel’s historical ties to the territory, it nonetheless has chosen to completely disregard that these ties exist. Moreover, the opinion does not acknowledge Israel’s legitimate security concerns. Instead, it prescribes that Israel must completely withdraw from what it designates as the Occupied Palestinian Territories.
We maintain that these intricate political, legal, cultural, and religious issues can only be effectively addressed through peace negotiations. By addressing these controversies in a superficial and sweeping manner, the Court has potentially undermined the pursuit of a negotiated solution. Despite its non-binding nature, this opinion carries serious implications for Israel and the broader conflict resolution process.
We emphasize that the State of Israel possesses a robust and independent legal system that diligently applies international humanitarian and human rights law to the unique aspects of the Israeli-Palestinian conflict, and one that ensures that allegations of breaches of international law are investigated.
In conclusion, we believe that the ICJ’s opinion, in its current form, ignores the complex and nuanced nature of the Israeli-Palestinian conflict. Achieving lasting peace and resolving these challenging issues requires a commitment to direct negotiations, mutual understanding, and a recognition of the legitimate concerns and claims of the parties involved.

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