By: Megan Qualters
Impunity Watch News Staff Writer
THE HAGUE, Netherlands – On February 26, 2024, public hearings concluded regarding a request by the UN’s General Assembly (hereinafter “GA”) for an advisory opinion from the International Court of Justice (hereinafter “ICJ”). The GA asked the ICJ to issue an opinion on what it believes the “legal consequences arising from the policies and practices of Israel in the occupied Palestinian territory, including East Jerusalem” will be.
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What is an Advisory Opinion
With an advisory opinion, a court, in consideration of a legal question, issues an answer or statement. Unlike a majority opinion, an advisory opinion carries no binding force. Instead, it is typically used as a tool of diplomacy that aims to “keep the peace.” Advisory opinions are also used to clarify and develop existing law.
ICJ Advisory Proceedings Process
A request for an advisory opinion on a legal question must first be made, which can come from various UN organs, such as the general assembly and the security council, according to Article 96 of the UN Charter, and Article 65 of the Statute of the ICJ. The request should be accompanied by documents that “throws light” upon the question presented.
The ICJ then typically issues an order that provides notice of the proceedings to any State that is either entitled to appear before the court or could have information relevant to the question at hand. Next, the Court invites written statements from those States that may be able to provide information relevant to the question.
After the Court considers the written statements and documents provided, it determines whether it should hold an oral hearing. If the Court decides the question at hand requires an oral hearing, then all States shall be informed of the Court’s decision to hold such a hearing and invited to attend.
Finally, the Court, after considering all the written documentation and oral proceedings, retire to begin deliberations. Once the Court has decided, it will deliver its advisory opinion in “open court (Statute, Article 67; Rules, Article 107).”
The Issue at Hand
On December 30, 2022, the GA of the UN adopted resolution A/RES/77/247, in which it requested the ICJ give an advisory opinion on the following:
- “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?”
- “How do the policies and practices of Israel referred to in paragraph 18 (a) above 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?”
On January 17, 2023, the GA’s advisory opinion request was sent to the ICJ. On January 19, 2023, the ICJ notified all States that it believed were entitled to appear before the Court.
On February 3, 2023, the ICJ determined that the UN and all its Member States, as well as the State of Palestine, were likely to be able to provide information regarding the question at hand. By July 25, 2023, the ICJ received fifty-seven written statements. The ICJ determined that it would hold oral hearings regarding the question at hand.
Between February 19 and February 26, 2024, forty-nine UN Member States presented oral statements at the public hearings. The ICJ has since concluded its public hearings and retired for deliberation. The date of the Court’s advisory opinion has yet to be announced.
For further information, please see:
ICJ – Request for Advisory Opinion: Procedure Followed by the International Court of Justice
ICJ – The Binding legal effect of ICJ advisory opinions
