The ICJ Advisory Opinion on the Legal Consequences of Israel's Occupation of Palestinian Territory
29 November 2022The below Questions and Answers provide a brief overview of the legal basis, mandate, and scope of activities of the International Court of Justice (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.
1. What is the ICJ and what is its mandate?
2. What is an advisory opinion?
3. What is the legal status of advisory opinions, and what practical implications can they have?
4. What is the legal basis for this advisory opinion, and what are the driving factors of the initiative?
5. What is the scope of the proposed advisory opinion?
6. How does this advisory opinion differ from the ICJ’s 2004 Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory?
7. What is the difference between the advisory proceedings before the ICJ and the ICC investigation into the Situation in the State of Palestine?
8. What procedure does the ICJ follow in delivering advisory opinions?
9. What is the role of Israel and Palestine in the process?
10. Assuming that the draft resolution is adopted by the plenary of the GA, how will the Court likely proceed?
11. What are the potential legal consequences for Israel?
12. What are the potential legal consequences for third States and the UN?
13. What practical impact could the advisory opinion have for different stakeholders?
The Diakonia IHL Centre separately published a Q&A on the ICC investigation into the Situation in Palestine, which can be accessed here. A Q&A on the proceedings instituted by South Africa against Israel before the ICJ concerning obligations under the Genocide Convention is available here. All publications and updates on legal proceedings relating to Israel and the oPt can be found here.
Cover photo: Outside view of the Peace Palace in The Hague (Netherlands), in February 2012. © CIJ-ICJ/UN-ONU, Frank van Beek - Courtesy of the ICJ.