US urges UN court to consider Israel’s ‘security needs,’ not order Israel out of West Bank and Gaza

The United States, on Wednesday (Feb 21) urged the United Nations’ top court not to remove Israel from the occupied West Bank and Gaza without security guarantees and consider Israel’s “very real security needs”.

US raises Israel’s security concerns

The current hearings at the International Court of Justice (ICJ), the top UN court, are based on the UN General Assembly’s request in 2022 to issue a non-binding opinion on the legal consequences of the Israeli occupation of Palestinian territories.

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“Any movement towards Israel’s withdrawal from the West Bank and Gaza requires consideration for Israel’s very real security needs,” Richard Visek, acting legal adviser at the US State Department told the court.

He also noted that the UNGA had asked the UN court to opine on the consequences of Israeli occupation prior to Hamas’ October 7 attack on Israel.

“We were all reminded of those security needs on October 7, and they persist. Regrettably those needs have been ignored by many of the participants,” Visek added.

He called on the judges to stick to the established UN framework for the two-state solution.

Washington has been “engaging intensively” with Palestinians, Israel, and other states to not only address the current crisis in Gaza but also “a political settlement that will lead to a durable peace in the region that includes lasting security…and a path to Palestinian statehood,” said the acting legal adviser.

He added, “There is broad international support for achieving a negotiated solution to the conflict that will give rise to a Palestinian state.”

Therefore, the court “should not find that Israel is legally obligated to immediately and unconditionally withdraw from occupied territory,” said the US legal adviser.

Notably, the US amid protests and criticism of Israel’s military action in Gaza continues to back Israel, while President Joe Biden’s administration continues to insist on a two-state solution for the region. However, the leaders of the Jewish state do not agree with the same.

‘Flagrant violation of international law’

The UN top court also heard from Vladimir Tarabrin, Russia’s ambassador to the Netherlands who spoke about the suffering of Palestinians in Gaza while condemning the October 7 attack on Israel.

He went on to slam Israel’s retaliation to the attack and called it “collective punishment” which cannot be justified. Around 90 per cent of Gazans have been forced to leave their homes and they are living in inhumane conditions, said Tarabrin.

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The Russian ambassador saidthe UN Security Council has agreed that Israeli settlements in the West Bank constitute a “flagrant violation of international law and a major obstacle to the two-state solution and a just and lasting peace”.

ICJ hearings on Israel’s occupation

The UN top court is hearing arguments from an unprecedented 52 countries on the Israeli occupation of Palestinian lands that will go on till February 26.

However, the ICJ has been asked not to opine on the withdrawal of Israeli troops from the occupied territories, but many states participating in the hearings have called on Israel to do so.

The 15-judge panel has around six months to issue their opinion on the request.

What Israel has to say

Israel, which is not participating in the hearings, said in a written statement that the UN court’s involvement could be harmful to achieving a negotiated settlement.

Amid the ongoing hearing at The Hague, on Wednesday, the Israeli parliament, Knesset, voted to back Prime Minister Benjamin Netanyahu’s declaration opposing the “unilateral” creation of a Palestinian state.

Netanyahu’s ruling Likud party said 99 out of the 120 lawmakers voted in support of the declaration, passed earlier this week by the cabinet, rejecting all “international dictates” seeking to push for Palestinian statehood.

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“This landmark vote underscores our collective resolve: We will not reward terrorism by unilateral recognition in response to the October 7 massacre, nor will we accept imposed solutions,” said the Israeli PM.

He added, “This strong stance sends a powerful message to the world: Peace and security for Israel will be achieved through negotiations, not through unilateral actions.”

(With inputs from agencies)