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Special rapporteurs and working group members argue that the Israeli government—and its allies—must comply with the recent International Court of Justice ruling that makes clear the occupation of both Gaza and the West Bank are unlawful and must end.
Notably, the experts said, the ICJ ruling dismissed the idea that self-determination for the Palestinian people "must be achieved solely through bilateral negotiations with Israel—a requirement that has subjected Palestinians to violence, dispossession and rights violations for 30 years," since the Oslo Accords.
Ola Al-Kurd was nine months pregnant and "wanted to hold her child and fill our home with his presence," Adnan Al-Kurd, the slain woman's father,But last Friday, an Israeli strike on their family home in the Al-Nuseirat refugee camp in central Gaza killed the woman and several of her relatives. Surgeons at Al-Awda Hospital were able to safely deliver her baby, Malek Yassin, who was transferred to Al-Aqsa Hospital in Deir al-Balah and placed in an incubator.
"While people disagree about the war in Gaza, everyone should agree that no government should prevent injured children access to potentially lifesaving medical care," the senators wrote. "Rather, governments should be doing everything possible to assist in this situation." From Israel’s point of view, these two cases are not very different, beyond the ICJ focusing on the alleged legal wrongdoing associated with 57 years of prolonged occupation in one instance, and in the other, South Africa seeking the court’s support to end the Gaza genocide that started last October.
This level of judicial consensus in such a politically polarized atmosphere lends support for viewing the court’s decision as authoritative when it comes to evaluating Israel’s behavior as an occupying power in relation to international humanitarian law—especially the Fourth Geneva Convention governing belligerent occupation—and international human rights law, especially the treaty prohibiting) that go further than the advisory opinion itself to explore the relevance of the colonial background...
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