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ICJ HEARINGS ON ISRAEL’S OCCUPATION OF PALESTINE UPDATES: DAY TWO

Week-long arguments continue as representatives of 10 nations make their case
before the UN court in The Hague.

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By Federica Marsi and Tamila Varshalomidze
Published On 20 Feb 202420 Feb 2024

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 * live-orange
   20 Feb 2024 - 17:00
    (17:00 GMT)
   
   
   THANKS FOR JOINING US
   
   
   
   This live page is now closed, but you can follow our continuing coverage of
   Israel’s war on Gaza here.
   
   To learn more about the ICJ case against Israel’s illegal occupation of
   Palestine, read this.
   
   And if you want to know about South Africa’s separate case at the ICJ on the
   war and the possible crime of genocide, watch this.
   
   Click here to share on social media
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 * live-orange
   20 Feb 2024 - 16:50
    (16:50 GMT)
   
   
   HERE’S WHAT HAPPENED TODAY
   
   
   
   We will be closing this live page soon. Here’s a recap of the day’s events:
   
    * Ten countries presented their arguments on the legal consequences of
      Israel’s occupation of Palestinian territories.
    * South Africa, Algeria, Saudi Arabia, the Netherlands, Bangladesh and
      Belgium made their case during the morning session, with Belize, Bolivia,
      Brazil and Chile delivering their statements in the afternoon.
    * Canada was also initially scheduled to present its arguments but decided
      to pull out at the last minute.
    * Kicking off proceedings, the representative of South Africa compared the
      Israeli occupation to apartheid and said the ICJ’s hearings could help
      bring an end to a system of racial oppression that had no place in the
      modern world.
    * Overall, the speakers’ main points revolved around the right of
      Palestinian people to self-determination and the permanent nature of
      Israel’s occupation, which is resulting in a de facto annexation.
    * They also stressed Israel’s obligation to cease its violations, make full
      reparation and offer appropriate assurances of non-repetition. Other
      states have the obligation to cooperate to bring this situation to an end.
   
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 * live-orange
   20 Feb 2024 - 16:45
    (16:45 GMT)
   
   
   MEANWHILE, US VETOES ANOTHER GAZA CEASEFIRE RESOLUTION AT UNSC
   
   
   
   US Ambassador to the UN Linda Thomas-Greenfield has said the Algeria-drafted
   resolution would harm the truce negotiations between Israel and Hamas.
   
   Thirteen countries in the 15-member body backed the measure, with one – the
   United Kingdom – abstaining.
   
   The vote marks the third time the US, which is scheduled to present its
   arguments tomorrow at the ICJ, has vetoed Gaza ceasefire proposals at the
   Security Council since the start of the war on Gaza.
   
   Find all the details here.
   
   Click here to share on social media
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 * live-orange
   20 Feb 2024 - 16:35
    (16:35 GMT)
   
   
   WHO WILL PRESENT ARGUMENTS TOMORROW?
   
   
   
   Wednesday promises to be another busy day at the ICJ, with the following
   countries scheduled to present their oral arguments:
   
    * Colombia
    * Cuba
    * Egypt
    * United Arab Emirates
    * United States
    * Russia
    * France
    * The Gambia
    * Guyana
    * Hungary
   
   Proceedings will kick off at 09:00 GMT.
   
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 * live-orange
   20 Feb 2024 - 16:25
    (16:25 GMT)
   
   
   FIRST 10 COUNTRIES MADE CLEAR ISRAEL’S OCCUPATION UNLAWFUL, SHOULD END
   IMMEDIATELY
   
    * Step Vaessen
   
   Reporting from The Hague
   
   The question of whether the Israeli occupation of Palestinian territories is
   unlawful was very clearly answered by all 10 countries: It is absolutely
   unlawful and it should end immediately.
   
   South Africa argued that this is a colonial apartheid system and that
   settlements have to be dismantled and reparations paid. Even countries that
   have very strong ties with Israel, like the Netherlands and Belgium, had very
   strong words of condemnation.
   
   One legal argument that was very much dominant throughout the hearing was the
   permanence of the occupation. Israel has long argued that the occupation is
   temporary, but these countries have argued that there is no evidence that
   this is so.
   
   That violates international law. There was condemnation for the defiance
   shown by Israel for the hundreds of resolutions that have been passed over
   the years.
   
   We are going to continue tomorrow as these were only 10 of the more than 50
   countries we will hear from over six days here at the Peace Palace in The
   Hague.
   
   
   
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   Video Duration 01 minutes 12 seconds 01:12
   South Africa urges court to find Israeli occupation illegal
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 * live-orange
   20 Feb 2024 - 16:15
    (16:15 GMT)
   
   
   SITTING ADJOURNED
   
   
   
   And that brings an end to today’s proceedings.
   
   It was an eventful today at the court, with presentations from South Africa,
   Algeria, Saudi Arabia, the Netherlands, Bangladesh, Belgium, Belize, Bolivia,
   Brazil and Chile.
   
   Canada was also initially scheduled to present its arguments but decided to
   pull out at the last minute.
   
   Stay with us as we continue to bring you analysis and reaction to the second
   day of hearings at the ICJ.
   
   Click here to share on social media
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 * live-orange
   20 Feb 2024 - 16:12
    (16:12 GMT)
   
   
   ‘SYSTEMATIC VIOLATION OF INTERNATIONAL LAW PART OF ISRAEL’S STATE POLICY’
   
   
   
   Ximena Fuentes Torrijo continues by saying that the policy and practices of
   settlements pursued by Israel since 1967 “indicates its intention to claim
   that its own population has the right to stay permanently” in the occupied
   territories.
   
   Similarly, Chile’s legal representative notes that the exploitation of
   Palestinian natural resources also demonstrates Israel’s attempt to exercise
   sovereign powers over these territories.
   
   “By virtue of its actions, including the exploitation of natural resources,
   the policies of settlements, the erection of the wall, the legalisation of
   outposts, among others, Israel has demonstrated its intention to control
   indefinitely the occupied Palestinian territory,” she says.
   
   “Hence Israel’s occupation has become an annexation.”
   
   Concluding the presentation, Torrijo says that Chile contends that “these
   systematic breaches are also a basis to declare that the occupation is
   illegal”, adding that “the systematic violation of international law” is part
   of Israel’s state policy.
   
   “The obligations of the occupying obviously persist despite the fact that
   this occupation must come to an end,” she says.
   
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 * live-orange
   20 Feb 2024 - 16:10
    (16:10 GMT)
   
   
   MORE FROM CHILE’S REPRESENTATIVE
   
   
   
   Ximena Fuentes Torrijo notes that the Office of the UN High Commissioner for
   Human Rights has documented a rapid deterioration of the situation in the
   occupied West Bank and East Jerusalem since October 7, including the
   disproportionate use of force resulting in unlawful killings, mass arbitrary
   arrests and ill treatment.
   
   She also says the following:
   
    * High-ranking Israeli authorities clearly express that they have no intent
      to guarantee the right of Palestinian people to self-determination.
      Instead, occupation has become indistinguishable from annexation as Israel
      neither regards itself nor behaves as a temporary occupant.
    * Israel’s policies run counter to the possibility of reaching a two-state
      solution and a sustainable peace in the region.
    * The conclusion that Israel’s occupation of Palestinian territories is
      illegal lies on two grounds: The occupation has become an annexation.
      Israel’s systematic violations require an end to the occupation to
      effectively protect the right of Palestinians.
    * Israel is under the obligation to cease these violations, make full
      reparation and offer appropriate assurances of non-repetition. Other
      states have the obligation to cooperate to bring this situation to an end.
   
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 * live-orange
   20 Feb 2024 - 16:00
    (16:00 GMT)
   
   
   CHILE COMES TO ICJ WITH HOPE OF ASSISTING PROCESS FOR TWO-STATE SOLUTION:
   REPRESENTATIVE
   
   
   
   Ximena Fuentes Torrijo, the representative of Chile, says that the two
   questions submitted by the General Assembly to the ICJ “are of the utmost
   importance to assist the organs of the United Nations in fulfilling its
   responsibility under Article 1, paragraph 1 and 2 of the United Nations”.
   
   “Namely to take effective collective measures for the prevention and removal
   of threats to the peace, to bring about adjustment or settlement of
   international disputes or situations which might lead to a breach of peace
   and to develop friendly relations among nations based on respect for the
   principle of equal rights and self-determination of people and to take
   appropriate measures to strengthen universal peace,” she adds.
   
   She also says:
   
    * The situation that affects the occupied Palestinian territory may only
      find a satisfactory solution on the basis of compliance with the charter
      of the United Nations, international human rights law and international
      humanitarian law.
    * The right to self-determination to which the Palestinian people living in
      the OPT are entitled to play a central role in the resolution of this
      longstanding conflict.
    * Chile is home to a large Palestinian community, the largest outside the
      Middle East and two an important Jewish community, the third in South
      America … Chile would like to see the implementation of the two-state
      solution within the internationally recognised and secure boundaries, and
      it is convinced these advisory proceedings are going to assist in that
      process … putting an end to the 57-year occupation of Palestinian
      territory.
    * Chile strongly supports the view that by giving the requested advisory
      opinion to the General Assembly the Court will be acting within the scope
      of its advisory function, fulfilling its duty to provide the legal
      assistance that the General Assembly requires to exercise its power in the
      context of a longstanding conflict.
   
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 * live-orange
   20 Feb 2024 - 15:48
    (15:48 GMT)
   
   
   CHILE LAST COUNTRY TO PRESENT ARGUMENTS TODAY
   
   
   
   Ximena Fuentes Torrijo has taken the floor to present Chile’s oral arguments.
   
   Chile’s legal representative is the last speaker we will hear from in today’s
   session.
   
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