INTERNATIONAL COURT OF JUSTICE
REQUEST FOR ADVISORY OPINION
LEGAL CONSEQUENCES ARISING FROM THE
POLICIES AND PRACTICES OF ISRAEL IN THE
OCCUPIED PALESTINIAN TERRITORY, INCLUDING
EAST JERUSALEM
WRITTEN STATEMENT OF ITALY
WRITTEN STATEMENT OF ITALY
INTRODUCTION
By Resolution 77/247 adopted on 30 December 2022, the General Assembly decided, 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?"
In its Order of 3 February 2023, the International Court of Justice 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 fixed 25 July 2023 as the time -limit within which written statements on the
questions may be presented to the Court, in accordance with Article 66, paragraph 2, of the
Statute.
The following written statement is submitted by the Government of the Italian Republic by
virtue of that Order.
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United Nations for the principle of negotiations as the only path to resolving the Isra it)
1. The Government of the Italian Republic would like to recall the longstanding support by the
Palestinian conflict, on the basis of the "land for peace" principle first established in UN
Security Council resolution 242 (1967). This principle has laid the foundation for agreements
such as the Egypt -Israel Treaty of Peace of 1978, the Israel -Jordan Treaty of Peace of 1994 and
the Declaration of Principles of 13 September 1993 in which Israelis and Palestinians
committed themselves, inter alia, to negotiating between them the resolution of the conflict.
2. This principle has been upheld by all relevant UN Security Council resolutions, in particular
resolutions 242 (1967) and 338 (1973). This aspect is meaningful also because, in its advisory
opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian
Territory, the Court itself recognized that the tragic situation in the Middle East "can be brought
to an end only through implementation in good faith of all relevant Security Council
resolutions".
3. The Government of the Italian Republic follows with great concern recent developments,
marked by a lack of progress, unilateral actions, further deterioration in trust between the parties
and phases of increased violence. This state of things, however, only highlights the essentially
political nature of the matter, which can only be solved through negotiations.
4. The Goverment of the Italian Republic recalls that Article 65, para. 1 of its Statute gives the
Court the power to decline to render an opinion, as the Court itself has acknowledged as much
in its Interpretation of Peace Treaties with Bulgaria, Hungary and Romania: "Article 65 of the
Statute is permissive. It gives the Court the power to examine whether the circumstances of the
case are of such a character as should lead it to decline to answer the Request ... the Court
possesses a large amount of discretion in the matter."2
5. The Government of the Italian Republic considers that this is a pertinent point in the present
case and respectfully encourages the Court to consider using such discretion, bearing in mind
the essentially political nature of the matter and the established legal framework for the
resolution of the conflict. In particular, Italy is cognizant of the risk that an advisory opinion by
the Court might reduce the flexibility of the parties in dealing with present circumstances and
long-term prospects, and therefore would not contribute to move the process closer to a
mutually agreed solution.6. However, should the Court decide to render its opinion, Italy
1 Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory,
I.C.J. Report 2004, pp. 200-01, para. 162.
2 Interpretation of Peace Treaties with Bulgaria, Hungary and Romania, Advisory opinion o
March 1950 (first phase) (I.C.J. Reports 1950).
respectfully submits that the Court carefully consider how to exercise its functions in a manner
consistent with the responsibilities and stated interests of the General Assembly and Security
Council, so as to preserve the parties' ability to negotiate peace and a two -State solution
consistent with the framework established in U.N. Security Council resolutAns,dopted in the
agreements of the parties, and continually supported by the Unite
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Written statement of Italy