Legal Proceedings Relating to Israel and the oPt

This legal update covers the ICJ’s second order on provisional measures in the South Africa v. Israel case, rendered on 28 March 2024.

This Q&A focuses on the ICJ’s mandate to adjudicate contentious cases, and in particular the proceedings instituted by South Africa against Israel.

On 26 January 2024, the ICJ rendered an order for the indication of provisional measures in the proceedings instituted by South Africa against Israel concerning obligations under the Genocide Convention. This legal note elaborates on the legal consequences for third States emanating from this order on provisional measures.

On 26 January 2024, the ICJ rendered an order for the indication of provisional measures in the proceedings instituted by South Africa against Israel concerning obligations under the Genocide Convention. This page contains a summary of the Court’s order and an overview of the next steps in the proceedings.

From 19 to 26 February 2024, public hearings were held in the advisory proceedings concerning the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem. This publication provides a snapshot of the major themes that emerged from the hearings as well as a selection of arguments proffered. An overview of the positions articulated by all participating States and organisations can be found in a separate table.

The Diakonia IHL Centre Jerusalem devoted the fourth session of its event series Reflections on International Law and the Question of Palestine, which took place on 14 June 2023, to the forthcoming advisory opinion on Israel’s occupation of Palestinian territory. The event featured contributions from three expert speakers, each of whom concentrated on a different item from the list of questions before the Court.

This Q&A provides a brief overview of the legal basis, mandate, and scope of activities of the ICJ in relation to its advisory proceedings, with a specific emphasis on the recent bid to request an advisory opinion on the right to self-determination of the Palestinian people and the legality of Israel’s occupation of Palestinian territory.

The objective of this Q&A is to provide clarity on the ICC’s mandate, competence, and legal process in general and specifically for its investigation of the Situation in Palestine.