By Mr. Ammar M.B. Hijazi, Head of Palestinian Mission
The Question of Palestine is a story of compounded injustices that was ironically borne in the halls of the nascent United Nations in 1947. At the time, international law and diplomacy were used coercively to erase Palestine and the Palestinian people. But since then, the Palestinian people have been on a determined and impressive journey of setting precedents and building protections based on the very legal framework that was first employed to cast them out of international discourse and consideration.
This Palestinian pursuit was painstaking. For decades, many states abandoned their obligations under international law. The end result was tragically predictable: normalized criminality and entrenched impunity that regarded systematic violations of Palestinian dignity and human rights as an “unhelpful” part of the reality. States knowingly and irresponsibly rendered preemptory and jus cogens norms moot while claiming that this selectivity does not undermine the entire international law-based order. This transformed the Question of Palestine into a global litmus test of integrity and commitment to international law, especially because Palestine has insisted on this path despite political bullying, threats, and sanctions.
Palestine’s determined efforts in the pursuit of justice and accountability at the World’s Courts are conducted in this context. At the core, the target was and remains to preserve and elevate Palestine’s rightful place in the rights and law-based international system. In the past years, this pursuit has come to embody a far larger endeavor with global reach. Today, this legal and diplomatic approach is more important than ever, especially in light of the genocide, ongoing dispossession and ethnic cleansing of Palestinians, and entrenched illegal colonial regime of occupation and apartheid.
The landmark rulings of 9 July 2004 and 19 July 2024, as well as 22 October 2025 by the international Court of Justice corrected the narrative, legal framework, and perspective of the reality. The ICJ rejected the political gymnastics of side-tracking and minimizing fundamentals and put the core issues back where they belong: front and centre. It recognized the profound power asymmetries that define the situation on the ground, rejecting the erroneous presentation of the question of Palestine as “a conflict” where both sides have equal responsibility and claim. The ICJ determination addressed this once and for all and opened a pathway of hope.
In legal terms, the erroneous attempts to equate between occupier and occupied has been finally nullified, ending decades of normalized occupation and providing the colonizer with a free hand to pursue the ethnic cleansing of Palestine from its Palestinian people and annexing it, all while invoking the false flag of “self-defense” with minimal international resistance. Crucially, the ICJ determination on the illegality of occupation in the OPT laid out clearly what the obligations of states are under international law and they include ensuring accountability.
The Court’s historic determinations stripped states of the excuses to avoid action before it. This is empowering to civil society organizations and legal experts around the world who now have a definitive determination they can build on to ensure that their governments comply with their binding obligations in international law, including respecting and realizing Palestinian rights.
The battle is far from over but the way forward is irrefutable: ending the illegal occupation, in line with the historic ICJ ruling of July 2024, and UN resolutions, realizing the Palestinian people’s inalienable rights including to self-determination, return, and an independent sovereign Palestinian state on the 1967 borders, with East Jerusalem as its capital, and providing reparations as required. This is the only path to achieving peace and security for all peoples in the region. Not genocide. Not sideshows. Not endless subjugation. And definitely, not privatized colonization.
Many might say that humanity is at an age where diplomacy and international law are dying. There is plenty of evidence to merit such a devastating conclusion, not the least of which is the two-year live-streamed genocide committed in Gaza with impunity. We believe this conclusion is premature. Humanity is fighting the battle of a lifetime between racist militaristic populism and responsible diplomacy that is anchored in international law. The battle is far from over. We owe future generations to ensure that legality wins.
