Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem (Request for Advisory Opinion) - Filing of written comments

INTERNATIONAL COURT OF JUSTICE
Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
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Press Release
Unofficial
No. 2023/65
14 November 2023
Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem (Request for Advisory Opinion) Filing of written comments
THE HAGUE, 14 November 2023. In the advisory proceedings on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem, 15 written comments have been filed in the Registry of the International Court of Justice.
It is recalled that in its Order of 3 February 2023, the Court, pursuant to Article 66, paragraph 4, of its Statute, fixed 25 October 2023 as the time-limit within which States and organizations having presented written statements in the proceedings might submit written comments on the written statements made by other States or organizations. Fourteen written comments were filed in the Registry within this time-limit by (in order of receipt): Jordan, the Organisation of Islamic Cooperation, Qatar, Belize, Bangladesh, the observer State of Palestine, the United States of America, Indonesia, Chile, the League of Arab States, Egypt, Algeria, Guatemala and Namibia.
In addition, the President of the Court decided, on an exceptional basis, to authorize the late filing of the written comments of Pakistan on 2 November 2023.
The public hearings on the request for an advisory opinion are scheduled to open on Monday 19 February 2024.
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Procedure of the Court and history of the proceedings
An explanatory note setting out the procedure followed by the Court with regard to requests for advisory opinions has been published on its website.
On 30 December 2022, the General Assembly of the United Nations adopted resolution A/RES/77/247, in which, referring to Article 65 of the Statute of the Court, it requested the International Court of Justice to give an advisory opinion. The relevant part of the resolution reads as follows:
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“The General Assembly,
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18. Decides, in accordance with Article 96 of the Charter of the United Nations, to request the International Court of Justice, pursuant to Article 65 of the Statute of the Court, to render an advisory opinion on the following questions, considering the rules and principles of international law, including the Charter of the United Nations, international humanitarian law, international human rights law, relevant resolutions of the Security Council, the General Assembly and the Human Rights Council, and the advisory opinion of the Court of 9 July 2004:
(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 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?”
By a letter dated 17 January 2023, the Secretary-General of the United Nations transmitted the request for an advisory opinion to the Court. By letters dated 19 January 2023, the Registrar gave notice of that request to all States entitled to appear before the Court, pursuant to Article 66, paragraph 1, of the Statute.
By an Order dated 3 February 2023, the Court decided “that the United Nations and its Member States, as well as the observer State of Palestine, are considered likely to be able to furnish information on the questions submitted to the Court for an advisory opinion and may do so within the time-limits fixed in th[e] Order”. Pursuant to Article 66, paragraph 2, of its Statute, the Court fixed 25 July 2023 as the time-limit for the presentation of written statements on the questions. Fifty-seven written statements were filed in the Registry within that time-limit (see press release No. 2023/43).
By the same Order, the Court fixed 25 October 2023 as the time-limit within which States and organizations having presented written statements may submit written comments on the written statements made by other States or organizations, in accordance with Article 66, paragraph 4, of its Statute.
The Court subsequently authorized, at their request, the League of Arab States, the Organisation of Islamic Cooperation and the African Union to participate in the proceedings.
Earlier press releases relating to this case are available on the Court’s website.
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Note: The Court’s press releases are prepared by its Registry for information purposes only and do not constitute official documents.
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The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It was established by the United Nations Charter in June 1945 and began its activities in April 1946. The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the Security Council of the United Nations. The seat of the Court is at the Peace Palace in The Hague (Netherlands). The Court has a twofold role: first, to settle, in accordance with international law, legal disputes submitted to it by States; and, second, to give advisory opinions on legal questions referred to it by duly authorized United Nations organs and agencies of the system.
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Information Department:
Ms Monique Legerman, First Secretary of the Court, Head of Department: +31 (0)70 302 2336
Ms Joanne Moore, Information Officer: +31 (0)70 302 2337
Mr Avo Sevag Garabet, Associate Information Officer: +31 (0)70 302 2394
Email: [email protected]