U.S. tells international court to consider Israel's security

The U.S. said on Wednesday that the International Court of Justice (ICJ) should not order the unconditional withdrawal of Israeli forces from the Palestinian territories as it considers a request for its opinion on the legality of the occupation.

An unprecedented 52 countries are presenting their views to the ICJ. The majority of attendees voiced their demands for Israel to end its occupation, which began after a six-day Arab-Israeli war in 1967, but Washington was not among them. 

"The court should not find that Israel is legally obligated to immediately and unconditionally withdraw from occupied territory," said Richard Visek, legal advisor at the U.S. State Department. 

"Any movement towards Israel withdrawal from the West Bank and Gaza requires consideration of Israel's very real security needs. We were all reminded of those security needs on October 7," he said, referring to the Hamas attacks that sparked the current conflict. 

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The ICJ was asked in 2022 by the UN General Assembly to issue an "advisory opinion" on the "legal consequences arising from the policies and practices of Israel in the Occupied Palestinian Territory, including East Jerusalem." 

The court is likely to deliver its opinion before the end of the year, but it is not binding on anyone. 

'No peace' 

Israel is not taking part in the oral hearings, but submitted a written contribution, describing the questions the court had been asked as "prejudicial" and "tendentious." The October 7 attacks and the continued attacks on the Gaza Strip "reinforce the United States' resolve to urgently achieve a final peace," said Visek. 

The representative from Egypt, which has played a key role in talks between Israel and the Palestinians, described the occupation as "a continued violation of international law." 

"The consequences of Israel's prolonged occupation are clear and there can be no peace, no stability, no prosperity without upholding the rule of law," said Egypt's foreign ministry legal advisor Jasmine Moussa. 

The hearings began on Monday with three hours of testimony from Palestinian officials, who accused the Israeli occupiers of running a system of "colonialism and apartheid." 

Palestinian Foreign Minister Riyad Al-Maliki urged the judges to call for an end to the occupation "immediately, totally and unconditionally." 

South Africa's ambassador to the Netherlands told the court that Israel's policies were "more extreme" than the apartheid black South Africans suffered before 1994. 

The case is separate from a high-profile case brought by South Africa against Israel for alleged genocide during its current offensive in Gaza. In that case, the ICJ ruled that Israel should do everything in its power to prevent genocidal acts in Gaza and allow in humanitarian aid.

A total of 29,313 Palestinians have been killed and 69,333 injured in Israeli strikes on Gaza since October 7, the Gaza health ministry said.

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