Research Project

Legal Proceedings Relating to Israel and the oPt

The Diakonia IHL Centre Jerusalem closely monitors legal proceedings relating to Israel and the occupied Palestinian territory (oPt). Links to dedicated research pages on proceedings before the International Court of Justice (ICJ) as well as updates on other significant proceedings before domestic and international 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-June 2024: Proceedings in German courts

March-May 2024: Proceedings before the Israeli Supreme Court on humanitarian access

April 2024: Proceedings in the UK before the High Court of Justice

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

On 29 December 2023, South Africa instituted proceedings against Israel before the ICJ concerning alleged violations by Israel of its obligations pursuant to the Genocide Convention in the Gaza Strip. On 26 January and 28 March 2024, the Court rendered orders for the indication of provisional measures. These publications examine key legal aspects of the proceedings.

The ICJ Advisory Proceedings on Israel’s Occupation of Palestinian Territory

On 30 December 2022, the UN General Assembly requested the ICJ to render an advisory opinion on the legal consequences of Israeli policies and practices in the oPt as well as the legal status of the occupation as a whole. Public hearings took place from 19 to 26 February 2024, and the Court is expected to deliver its advisory opinion in the coming months. These publications examine key legal aspects of the proceedings.

The ICC Investigation into the Situation in Palestine

The State of Palestine joined the ICC in 2015. On 3 March 2021, the ICC Prosecutor at the time, Fatou Bensouda, opened an investigation into the situation in the State of Palestine. On 20 May 2024, the current Prosecutor Karim Khan announced that he was seeking arrest warrants against Hamas leaders Yahya Sinwar, Mohammed Deif, and Ismail Haniyeh as well as Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant for alleged war crimes and crimes against humanity committed in Israel and the oPt since 7 October 2023. These publications examine key legal aspects of the investigation.

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.

contentious case before the icj (south africa v. israel): VIEW OF THE ICJ COURTROOM, THURSDAY 11 JANUARY 2024. UN PHOTO/ICJ-CIJ, FRANK VAN BEEK. COURTESY OF THE ICJ. ALL RIGHTS RESERVED.

Advisory Proceedings before the ICJ: View of the ICJ courtroom at the start of the hearings, Monday 19 February 2024. UN Photo/ICJ-CIJ/Frank van Beek. Courtesy of the ICJ. All rights reserved.

the ICC Investigation into the Situation in Palestine: Frontal View of the ICC Building. Courtesy of the ICC. All Rights Reserved.