At the urging of the Palestinian Authority, The United Nations General Assembly voted late on Friday afternoon to ask the International Court of Justice (ICJ) to “render urgently an advisory opinion” on Israel’s “prolonged occupation, settlement and annexation of Palestinian territory.”
Israeli government officials were not present at the United Nations or able to respond until Shabbat was over.
On Monday afternoon, International law expert Ambassador Alan Baker explained the situation concerning the resolution during a Zoom press conference organized by MediaCentral.
First, it is important to know there are two international tribunals, the International Criminal Court (ICC) and the International Court of Justice (ICJ). The ICJ, located in The Hague, settles disputes between states in accordance with international law and gives advisory opinions on international legal issues.
"Advisory opinions," Amb. Baker emphasized. The ICJ cannot prosecute disputes. ICJ can grant nonbinding, advisory opinions between states. Only the UN Security Council can adopt resolutions. Further, the UN General Assembly has political groupings which vote against Israel in numbers of an automatic majority. Israel has against it a long list of such resolutions which are often repeated yearly.
Taking the resolution to the UNGA, the only forum in which the Palestinian Authority currently has any standing, was the place Abu Mazen was assured to find support in the legal battle against Israel. Israel sees this as the latest stunt to generate PR, as he has not been a priority or popular with others in the Middle East of late.
"Hopefully the judges will stand for the norms and principles of international law and justice and not be guided by the political viewpoints of individual states," stated Amb Baker.
Further, he added, "The court will be very hesitant to step into a minefield - regarding Jerusalem. I think the court will steer clear of sharply worded recommendations and try to come to some kind of reasonable compromise that is acceptable to everyone." Israel is in favor of international justice and will govern by accepted norms.
Amb. Baker is the Director of the Institute for Contemporary Affairs at the Jerusalem Center for Public Affairs, former Legal Adviser to Israel's Foreign Ministry, and former Israeli Ambassador to Canada.