The request for the Advisory Opinion closely follows the ICJ’s unequivocal affirmation in its Advisory Opinion of July 2024, on Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem that Israel has no entitlement to sovereignty or to sovereign powers in any part of the occupied Palestinian territory, including East Jerusalem, and that Israel’s presence in the territory is unlawful and must end as rapidly as possible. The request further follows on the issuance by the ICJ of binding provisional measures ordered in the case brought by South Africa against Israel under the Genocide Convention to prevent ongoing and further irreparable harm to the Palestinian population.
Israel has, without consequence, ignored the three binding Orders of the ICJ, and clearly indicated – through its rhetoric and conduct – that it will not end its unlawful presence in the occupied Palestinian territory. This is despite the UN General Assembly, by resolution ES-10/24, emphasising the imperative of ensuring accountability for all violations of international law in order to end impunity, ensure justice, deter future violations, protect civilians and promote peace, and demanded that Israel comply without delay with all its legal obligations under international law, including as stipulated by the ICJ.
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