On video: Herzog: "The debate against Israel in The Hague - a blood plot" 01.28.24/Walla system!
After the decision last month in South Africa's lawsuit, which threatened the continuation of the fighting in the Gaza Strip - Israel is now facing its next legal battle at the International Court of Justice in The Hague - that a hearing on the UN's request to review the "legality of the occupation of the West Bank". The hearing on the request, submitted at the initiative of Palestinians , will be held in two weeks - the opinion is expected to be published towards the end of the year.
Dr. Roi Sheindorf, head of the international arbitration department at the Herzog law firm, and former deputy legal advisor for international law, explained today (Sunday) to Walla!
About the procedure - and its implications for Israel.
"Unlike a lawsuit between countries, as was the case when South Africa filed a lawsuit against Israel, in an advisory opinion all countries are invited to express their opinion," explains Sheindorf.
"It is expected that there will be a large number of countries that will appear there - and most of them are expected to argue against us. Even those who are in our favor will probably focus on the claim that the tribunal should not deal with the issue, and not on the arguments that justify our way of operating in Judea and Samaria."
The judges at the hearing at the International Court of Justice in The Hague ahead of the sinking decision against Israel/screenshot, Reuters
Scheindorf explains that the assessment among experts is that "in the best case it will be written that Israel is seriously violating the laws of occupation, and in the worst case that Israel is guilty of apartheid or that Israel must immediately vacate the territories."
In his estimation, "The UN will adopt it, and then the Palestinians or various countries will try to promote practical steps to implement it."
These steps, according to him, can be far-reaching: "States can act according to it, and take economic and other measures against the State of Israel.
The precedent that the Palestinians are trying to push for is the type of actions that were taken against South Africa during the apartheid era," Scheindorf clarifies. "It is likely that there will be attempts to pass resolutions in the General Assembly and the Security Council.
In addition, the opinion can influence the policy regarding the activity in Israel of international companies and international investment entities."
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International Court of Justice in The Hague/Reuters
Dr. Roy Scheindorf. December 4, 2024/Courtesy of the photographers
While Scheindorf avoids openly detailing the paths that the Israeli defense can take in the lawsuit, he points out that alongside the legal need, as last time - the informational and political battle can play a key role.
"In my view, a significant Israeli initiative is required that will lead to a change in the trend and discourse. At the moment, the discourse is focused on criticizing Israel and blaming it for serious acts. It is necessary to change this either through a significant political move, or through legal activity against the parties responsible for the Hamas massacre, such as Iran."
More on the same topic:
The Hague
Israel
Judea and Samaria
Gaza war
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