While advisory opinions of judges at the International Court of
Justice (ICJ) are non-binding, they carry weight under
international law and a clear finding that the occupation is
illegal could weaken support for Israel.
The advisory opinion process predates the current Israel-Hamas
conflict, and in a separate case brought by South Africa, the
court in May issued a binding order for Israel to halt its Rafah
offensive in the Gaza Strip. Israel strongly condemned the
ruling.
In late 2022 the General Assembly asked the court to appraise
Israel's "prolonged occupation, settlement and annexation" of
Palestinian territories, including East Jerusalem, and
associated Israeli government policies.
Israel captured the West Bank, Gaza and East Jerusalem - areas
of historic Palestine which the Palestinians want for a state -
in the 1967 war and has since built settlements in the West Bank
and steadily expanded them.
Israeli leaders have argued the territories are not occupied in
legal terms because they are on disputed lands, but the United
Nations and most of the international community regard it as
Israeli-occupied territory.
In February, more than 50 states presented their views before
the court, with Palestinian representatives asking the court to
find that Israel must withdraw from all the occupied areas and
dismantle illegal settlements.
Israel did not participate in the hearings but filed a written
statement telling the court that issuing an advisory opinion
would be "harmful" to attempts to resolve the
Israeli-Palestinian conflict.
The majority of states participating asked the court to find the
occupation illegal, while a handful, including Canada and
Britain, argued it should refuse to give an advisory opinion.
The United States, Israel's strongest backer, urged the court to
limit any advisory opinion and not order the unconditional
withdrawal of Israeli forces from the Palestinian territories.
The 15-judge panel will start reading out their opinion at 3
p.m. local time (1300 GMT).
In 2004 the ICJ gave an advisory ruling that an Israeli
separation barrier around most of the West Bank was "contrary to
international law" and Israeli settlements were established in
breach of international law. Israel dismissed the ruling.
(Reporting by Stephanie van den Berg; Editing by Ros Russell)
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