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Jurist ICJ allows Organisation of Islamic Cooperation to participate in advisory proceedings on Israel and Palestinian territories

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Dadparvar

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Nov 11, 2016
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The International Court of Justice (ICJ) authorized the Organisation of Islamic Cooperation (OIC) Tuesday to participate in the advisory proceedings concerning Israel’s obligations in relation to the presence and activities of the UN, international organizations, and third states in the Occupied Palestinian Territory.

The ICJ announced that Acting President Judge Julia Sebutinde had determined that the OIC was to furnish relevant legal and factual information concerning the issue. As a result, the 57-member organization, which has consistently advocated for Palestinian rights, has been granted permission to submit a written statement before the deadline of February 28.

The UN General Assembly requested the advisory opinion through Resolution A/RES/79/232, adopted in December by an overwhelming majority of 137 votes in favor, 12 against, and 22 abstentions. The resolution sought clarification on Israel’s responsibilities as an occupying power, particularly regarding the facilitation of humanitarian aid, essential services, and development assistance to Palestinians. The ICJ transmitted the request by UN Secretary-General António Guterres the following day.

The case represents a significant moment in international legal proceedings concerning Israel’s occupation of Palestinian territories. The ICJ has previously ruled on related matters, including its 2004 advisory opinion, which found Israel’s construction of a separation wall in the West Bank to be in violation of international law. More recently, in July, the court reaffirmed that Israel, as an occupying power, must administer Palestinian territories for the benefit of the local population and is not entitled to claim sovereignty over them.

Norway played a key role in initiating the request for the advisory opinion, citing systematic obstacles faced by the UN, humanitarian organizations, and states in delivering aid to Palestinians. Norwegian Prime Minister Jonas Gahr Støre stated that the international community must ensure that humanitarian assistance reaches those in need, emphasizing that Israel’s restrictions undermine Palestinian rights.

While ICJ advisory opinions are not legally binding, they hold significant influence in shaping international law and diplomatic discussions. The court has yet to determine further procedural steps in the case. However, the OIC’s inclusion is expected to strengthen legal arguments advocating for the protection of Palestinian rights under international law.

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