By René Wadlow

At a time when Palestinians in the Occupied West Bank and the Gaza Strip are under violent tensions, on July 19, the International Court of Justice (the World Court), published an Advisory Opinion, “Legal Consequences Arising from Policies and Practices of Israel in the Occupied Palestinian Territory Including East Jerusalem”. The request for an Advisory Opinion came from the United Nations (UN) General Assembly in 2023. The drafting by the World Court judges followed the oral hearings in February 2024 of the representatives of 50 States, the written statement of the Israeli authorities, and a voluminous dossier submitted by the UN Secretary-General on UN investigations and peacemaking efforts.

The international law framework concerns the standards set for the administration of occupied territories and the duties of an occupying power. The Advisory Opinion sets out the legal consequences for Israel, the legal consequences for other States, and the legal consequences for the UN.

The Advisory Opinion does not offer new information. Nongovernmental Organizations (NGO), both in Israel and internationally, have documented in sad detail much of the violence against Palestinians, the destruction of homes by Israeli military forces, the increased presence of Israeli settlers in the West Bank, and many other forms of discrimination. The World Court considers this information reliable, and the information can serve as the basis of its deliberation without asking for new investigations.

The question which is now open is “What will be the consequences of the Advisory Opinion?” The World Court has no enforcement provisions for its decisions. The impact of the World Court depends for the most part on what national governments decide to do and on what pressure NGOs can develop. The tensions in the wider Middle East are real, and the Advisory Opinion may provide an impetus for action. The Association of World Citizens is devoted to strengthening international law and will follow these efforts with strong interest.

Prof. René Wadlow is President of the Association of World Citizens.