Understanding Occupation in International Law

This week, the International Court of Justice wrapped up a set of historic hearings into the legality of Israel’s decades-long occupation of the West Bank, East Jerusalem, and Gaza.

The proceedings were requested by the UN General Assembly back in 2022, and so the timing of them — almost five months into Israel’s bloody war with Hamas — is in essence coincidental. But many believe that finding a resolution to this question is fundamental to securing a lasting peace between Israel and the Palestinians.

While many are familiar with the term “occupation” in relation to this conflict, it’s another thing to understand the specific legal meaning of that term, or its practical implications. Or why Israel argues that this term doesn’t actually apply to them.

Today we’re going to explain all of that, and then look at how these questions played out at these recent hearings at the UN’s top court. 

We’re joined by Nahlah Ayed, host of the CBC Radio show Ideas. Among other things, Nahlah was previously a foreign correspondent based in the Middle East, and she has covered other cases at the Hague, most recently one relating to the conflict in Gaza.

For transcripts of Front Burner, please visit: https://www.cbc.ca/radio/frontburner/transcripts

Transcripts of each episode will be made available by the next workday.