University of the Western Cape
An analysis of the international court of justice advisory opinion on the occupation of the Palestinian territory by Israel
Abstract
dc:description.abstractPalestine is the historical land of both Arabs and Jews. The Palestinian people have been subject to Israel’s occupation aimed to minimise Palestinians in their historical land whilst expanding Israeli territory. Palestine has been exposed to ethnic, religious and territorial disputes involving Israel and Arab Nations including Lebanon, Syria, Iraq, Egypt and Jordan. The Israeli-Palestinian conflict has been fuelled by the West including Britain and the United States of America. This is evident in the British promising Palestine to the Jewish people through the Balfour Declaration of 1917, creating a foundation for the formation of the State of Israel. It is also clear in the unwavering support of the United States of America of Israel’s continued occupation in Palestinian Territories. The Advisory Opinion of the International Court of Justice was issued on 19 July 2024 in the Hague deeming the continued Israeli occupation unlawful. The Court found that Israel’s policies and practices constitute a breach of Article 3 of the International Convention on the Elimination of All Forms of Racial Discrimination of 1965. The continued Israeli occupation of Palestine has, therefore, disregarded the right of Palestinian people to self-determination and establishing a solidified statehood. This thesis seeks to provide a critical analysis of the impact of the International Court of Justice Advisory Opinion with regards to the crime of apartheid. It also seeks to explore the various ways in which Israel and its officials can be held accountable for the crime of apartheid. It can be concluded that Israel has subjected the Palestinian people to policies and practices resulting in a modern-day apartheid.
Degree
thesis:*- Grantor dc:publisher.institution
- University of the Western Cape
- Year dc:date.issued
- 2025
Author and committee
dc:creator, dc:contributor.*- Author dc:creator
-
- Chotia, Ra-eesa Ruwayda