The ICJ Must Guarantee the Existence of the Palestinian People

On Wednesday, Colombia defended before the International Court of Justice (ICJ) the need to "guarantee the very existence of the Palestinian people," highlighting the "real and imminent risk of irreparable harm" to the rights of Palestinians as a result of the Israeli occupation.

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During the hearings on "The Legal Consequences of Israeli Policies and Practices in the Occupied Territories of Palestine," Colombia's Coordinator of ICJ Affairs, Andrea Jimenez, explained to the judges that Israel "is obliged to cease its violations and return to a situation of compliance with the obligations it has violated."

"It must end the prolonged occupation, settlements, and annexation of Palestinian territory. It must do so unconditionally, immediately, and completely. It must cease ongoing international unlawful acts and should offer appropriate guarantees. Israel must also respect international humanitarian law and human rights towards the Palestinian people. Additionally, Israel must repair the damages," she said.

"What is at stake here is ensuring the security and the very existence of the Palestinian people, taking into account the real and imminent risk of irreparable harm to the rights of Palestinians as a result of Israel's occupation, as documented by international agencies, United Nations bodies, and even recently acknowledged by the Court itself," Jimenez added.

Colombia regretted that the policies and practices during the advancement of this occupation have resulted in "imposed persecution, racial discrimination, and apartheid against the Palestinian people," and Bogota considered that the ICJ can only confirm that these are violations of "various international legal obligations" that fall on Israel.

"Gaza is today a place of death and despair... The Court should not underestimate the fact that the situation in Gaza has become more deadly in recent months and, therefore, the legal consequences of such actions must be more serious today than in the world we lived in before this conflict began," Jimenez pointed out.

At the request of a 2022 resolution from the United Nations General Assembly, the ICJ is currently analyzing "the Legal Consequences Arising From Israel's Policies and Practices in the Occupied Palestinian Territories, Including East Jerusalem," to issue a non-binding legal opinion.

In another separate case, South Africa initiated proceedings in December to accuse Israel of violating the Genocide Convention with its operations in Gaza, and in a previous part of the case, the ICJ issued provisional measures to demand that Israel take "immediate and effective" steps to prevent the commission of genocide against the Palestinians of Gaza.