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Will history repeat itself? Anticipating the ICJ advisory opinion on the legal status of Israel’s occupation and its consequences

The Request for Advisory Opinion On 30 December 2022 the UN General Assembly adopted Resolution A/RES/77/247, containing the annual indictment of Israeli practices in the West Bank, East Jerusalem and Gaza. In addition, the resolution contains one novelty, a request addressed to the ICJ to render an Advisory Opinion on the following questions: (a) What are the legal consequences arising from the ongoing violation by Israel of the right of the Palestinian people to self-determination, from its prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967 including measures aimed at altering the demographic composition, character and status of the Holy City of Jerusalem, and from its adoption of related discriminatory legislation and measures? (b) How do the policies and practices of Israel referred to in paragraph 18(a) above [the previous paragraph] affect the legal status of the occupation, and what are the legal consequences that arise for all States and the United Nations from this status? Question…

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UN General Assembly Committee Adopts Resolution Requesting Second Advisory Opinion from ICJ on Occupied Palestinian Territory

On 10 November 2022, at the Seventy-seventh session of the UN General Assembly, Special Political and Decolonization Committee (Fourth Committee), the State of Palestine- in a move which skirted largely under the media radar- tabled a resolution under Item 47 calling for an International Court of Justice (ICJ) Advisory Opinion on the legal status of Israel’s occupation of…

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‘Biased’, ‘Selective’, ‘Antisemitic’: Accusations against the UN Commission of Inquiry on Israel and the Occupied Palestinian Territories

Last week UN independent expert Miloon Kothari publicly questioned why Israel is a UN member and accused Jews of controlling social media, which is a long-recognised antisemitic trope. These are two separate but interlinked issues: firstly anti-Israel bias, and secondly antisemitism. In an interview with Mondoweiss Kothari stated: “I would…

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New Rules of Procedure of the Ad Hoc Conciliation Commission in Palestine v Israel

The inter-State procedure under Articles 11-13 International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) lay dormant for over 50 years before its activation in March-April 2018 in three inter-State communications, Qatar v Kingdom of Saudi Arabia (2018), Qatar v United Arab Emirates (2018) and Palestine v Israel (2018). These were the first three…

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Appointment of the Ad Hoc Conciliation Commissions under ICERD

The inter-State communications procedure under Articles 11-13 International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) lay dormant for over 50 years before its activation in March-April 2018 in three inter-State communications, Qatar v Kingdom of Saudi Arabia (2018), Qatar v United Arab Emirates (2018) and Palestine v Israel (2018). These were the first…

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