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The International Criminal Court is hearing an old lawsuit against Israel over its actions in the Gaza Strip and the West Bank.
Brussels - The United States again broke away from its allies on Wednesday and supported Israel at the International Court of Justice.
But tensions are rising between President Joe Biden and Israeli Prime Minister Benjamin Netanyahu over the war in Israel.
In a presentation in The Hague, U.S. officials warned that an opinion from the United Nations' top court, if improperly written, could thwart peace efforts.
“Move toward an Israeli withdrawal from the West Bank and Gaza requires consideration of Israel’s very real security needs,” State Department official Richard Visek told the court.
US President Joe Biden thoughtfully meets with Israeli Prime Minister Benjamin Netanyahu in Tel Aviv, Israel, on October 18, 2023 (symbolic image).
© Miriam Alster/Imago
Hearing on Israel's actions in Gaza and West Bank continues
Visek spoke on the third day of historic hearings on Israel's control of the West Bank, Gaza Strip and annexed East Jerusalem.
In previous presentations, representatives from South Africa and other nations had accused Israel of running an "apartheid state" and called for an end to the occupation of the Palestinian territories.
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The United Nations General Assembly asked the International Criminal Court for an opinion in 2022, before the Hamas-led attack on Israeli communities on October 7th.
According to Israeli figures, around 1,200 people were killed and 253 were taken hostage in the attack.
Israel's war against Hamas in the Gaza Strip then began, in which, according to the Ministry of Health, more than 29,000 people have died in Gaza, controlled by Hamas.
US President Joe Biden and Israeli Prime Minister Benjamin Netanyahu at a meeting in Tel Aviv, Israel, on October 18, 2023 (symbolic image).
© Miriam Alster/Imago
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The lawsuit is different from the genocide claim that South Africa brought against Israel in December.
But the devastation in Gaza and the world's inability to stop it have increased the urgency.
Israel is not taking part in the hearings, which Netanyahu's office says are aimed at "impairing Israel's right to self-defense against existential threats."
“The US is the only country other than Fiji to defend Israel during the trial.
Lawyer for the Palestinians in The Hague
Washington is becoming increasingly isolated in its support for Israel, a development that was made clear in The Hague.
A lawyer for the Palestinians said the U.S. was "the only state besides Fiji to defend Israel during the trial."
The USA remains Israel's closest ally
“That’s not surprising,” said attorney Paul Reichler.
“Whatever violations Israel commits under international law, the United States steps forward to protect it from accountability.” The United States is Israel’s closest ally.
The Biden administration is under increasing pressure to get the Israeli government to change its conduct of the war in Gaza.
Biden this month called Israel's campaign in Gaza "excessive" and said the suffering of civilians must stop.
He signed an order imposing sanctions on four West Bank settlers who the government believes have committed violence against Palestinians - the most significant step against Israelis since the conflict began.
Still, many have called on the government to do more.
The killing of two American teenagers in the West Bank has also sparked calls for a stronger U.S. response.
But the Biden administration continues to support Israel at international forums.
On Tuesday, for the third time since the conflict began, the United States vetoed a Security Council resolution calling for an immediate ceasefire in the Gaza Strip.
United States votes against immediate ceasefire in Israel and Gaza
The United States argued that an immediate ceasefire could jeopardize negotiations for a six-week break during which Hamas would bring back kidnapped Israelis, Israel would release detained Palestinians and deliver more humanitarian aid to the besieged enclave.
Linda Thomas-Greenfield, the U.S. ambassador to the United Nations, called on members to support an alternative resolution.
The United States was the only member of the 15-member council to vote against an immediate ceasefire.
Great Britain abstained, the remaining members voted in favor.
In The Hague on Wednesday, Visek tried to recognize the role of the Court, but at the same time warned of the danger of “one-sidedness”.
He said the court should not find that Israel was legally obliged to withdraw immediately and unconditionally.
“We were all reminded of Israel’s security needs on October 7 and these continue,” he told the court.
“Regrettably, these needs were ignored by many of the participants when explaining how the court should consider the issues before it.
France criticizes Israel over its settlement policy
France on Wednesday once again condemned Israel's settlement policy in the occupied territories and called for restitution or compensation to the Palestinians for practices that violate international law.
However, it asked the court not to go “further than necessary” in its decision.
The trial opened on Monday with statements from Palestinian officials.
Foreign Minister Riad al-Maliki told the court that "2.3 million Palestinians in Gaza, half of them children, are besieged and bombed, killed and maimed, starved and displaced."
“More than 3.5 million Palestinians in the West Bank, including Jerusalem, face the colonization of their territory and the racist violence that enables it,” he added.
Remarks from 10 countries - South Africa, Algeria, Saudi Arabia, the Netherlands, Bangladesh, Belgium, Belize, Bolivia, Brazil and Chile - touched on similar themes on Tuesday.
South Africa accused Israel of perpetuating a “more extreme form” of apartheid that once existed in its country.
Vusi Madonsela, the South African ambassador to the Netherlands, said the Israeli occupation "discriminates and dismembers the entire Palestinian people to ensure the maintenance of Israeli Jewish supremacy."
Canada was scheduled to address the court on Tuesday but chose not to, saying its written statement would suffice.
Canada had asked the court not to issue an advisory opinion, fearing it would disrupt peace efforts.
More than two dozen countries have not yet spoken, and hearings are scheduled to continue until Monday.
The court's opinion is not expected for a few months - and may have no impact.
The court ordered Israel to minimize damage to civilians in Gaza.
But few see evidence that these “interim measures” have changed the way the country conducts its war.
About the author
Emily Rauhala
is the Washington Post's Brussels bureau chief, covering the European Union and NATO.
We are currently testing machine translations. This article was automatically translated from English into German.
This article was first published in English on February 22, 2024 at the “Washingtonpost.com” - as part of a cooperation, it is now also available in translation to readers of the IPPEN.MEDIA portals.