Research Project

Legal Proceedings Relating to Israel and the oPt

The Diakonia IHL Centre Jerusalem closely monitors proceedings before the International Court of Justice (ICJ) and the International Criminal Court (ICC) relating to Israel and the occupied Palestinian territory (oPt). Publications and updates on this topic as well as significant proceedings before domestic courts are listed below.

A research page on the 2023-2024 hostilities in Israel and Gaza as well as escalating violence across the oPt can be found here.

Short updates

International courts

March 2024: Nicaragua institutes proceedings against Germany before the ICJ

September 2018: Palestine institutes proceedings against the US before the ICJ

Domestic courts

February 2024: Dutch court blocks the export of F-35 jet components to Israel

January 2024: US federal court finds that Israel’s conduct in Gaza plausibly amounts to genocide

Contentious Case Before the ICJ: South Africa v. Israel

The ICJ's Second Order on Provisional Measures

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

Questions and Answers

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

Order on Provisional Measures: Legal Consequences for Third States

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.

Summary of the Order on Provisional Measures and Next Steps

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.

Advisory Proceedings Before the ICJ: Legal Status of Israel's Occupation of Palestinian Territory

The Forthcoming ICJ Advisory Opinion and the Question of Palestine | Event Recording and Summary

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.

Questions and Answers

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 ICC Investigation into the Situation in Palestine

The building of the International Criminal Court.

Questions and Answers

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.

Photo Credits:

Cover Photo: VIEW OF THE ICJ COURTROOM ON THE SECOND DAY OF HEARINGS [in south africa v. Israel], 12 JANUARY 2024. UN PHOTO/ICJ-CIJ/FRANK VAN BEEK. COURTESY OF THE ICJ. ALL RIGHTS RESERVED.

The ICJ's Second order on provisional measures in the South Africa v. Israel Case: Members of the Court on the second day of hearings, Friday 12 January 2024. Photograph: UN Photo/ICJ-CIJ/Frank van Beek. Courtesy of the ICJ. All rights reserved.

Q&A ON SOUTH AFRICA V. ISRAEL: THE PEACE PALACE IN THE HAGUE (NETHERLANDS), SEAT OF THE INTERNATIONAL COURT OF JUSTICE. JEROEN BOUMAN - COURTESY OF THE ICJ. ALL RIGHTS RESERVED.

NOTE ON LEGAL CONSEQUENCES FOR THIRD STATES: VIEW OF THE ICJ COURTROOM ON THE SECOND DAY OF HEARINGS, 12 JANUARY 2024. UN PHOTO/ICJ-CIJ/FRANK VAN BEEK. COURTESY OF THE ICJ. ALL RIGHTS RESERVED.

SUMMARY OF THE ORDER ON PROVISIONAL MEASURES: VIEW OF THE COURTROOM, 26 JANUARY 2024. UN PHOTO/ICJ-CIJ/FRANK VAN BEEK. COURTESY OF THE ICJ. ALL RIGHTS RESERVED.

Event on the advisory Proceedings: OUTSIDE VIEW OF THE PEACE PALACE IN THE HAGUE (NETHERLANDS), IN FEBRUARY 2012. CIJ-ICJ/UN-ONU, FRANK VAN BEEK - COURTESY OF THE ICJ. All Rights Reserved.

Q&A on the Advisory Proceedings: OUTSIDE VIEW OF THE PEACE PALACE IN THE HAGUE (NETHERLANDS), IN FEBRUARY 2012. CIJ-ICJ/UN-ONU, FRANK VAN BEEK - COURTESY OF THE ICJ. All Rights Reserved.

Q&A on the ICC Investigation into the Situation in Palestine: The building of the International Criminal Court. ICC-CPI. All Rights Reserved.