Niël Terblanché
Namibia has welcomed the landmark advisory opinion delivered by the International Court of Justice (ICJ) on 19 July in which the court addresses the legal consequences of Israel’s policies and practices in the occupied Palestinian territory, including East Jerusalem.
The ICJ confirmed that Israel’s occupation and related policies are illegal, discriminatory, and violate the Palestinian people’s right to self-determination.
Peya Mushelenga, the Minister of International Relations and Cooperation, in a statement on Monday, stressed Namibia’s unique perspective on this issue, driven by its own history of racial discrimination and apartheid.
He said that Namibia’s involvement in the case underlined its belief in the ICJ’s role in establishing a secure legal basis for a lasting political settlement.
“Namibia remains fully committed to the Palestinian people’s inalienable right to self-determination. We commend the ICJ for its thorough examination of the facts and the law and urge the international community to support the rights of the Palestinian people and work towards peace in the region,” Mushelenga said.
The ICJ’s advisory opinion made several significant findings in line with Namibia’s arguments, which are illegal annexation, apartheid and racial segregation, as well as the right to self-determination.
Concerning illegal annexation, the ICJ found that Israeli settlements in the West Bank and East Jerusalem, as well as the proclamation of Jerusalem as Israel’s capital, violate international law.
These actions infringe on the principles of self-determination and the prohibition against the acquisition of territory by force.
With regard to apartheid and racial segregation, the court agreed that Israeli policies resemble South Africa’s apartheid-era Bantustan policies.
These policies, including residence permits and movement restrictions, create a near-complete separation between settlers and Palestinians, violating international prohibitions against apartheid and racial segregation.
The court also ruled that Israel’s annexation of Palestinian territory, imposition of discriminatory laws, movement restrictions, and exploitation of natural resources breach the Palestinian people’s right to self-determination.
As a result of these findings, the ICJ declared that Israel must immediately end its presence in occupied Palestinian territory, halt new settlement activities, repeal discriminatory laws, and compensate for damages.
The ruling also called on all states to work with the UN to end Israel’s illegal presence, refuse to recognise changes imposed by Israel, and ensure compliance with international humanitarian law.
Mushelenga called for the international community to use the UN General Assembly and the UN Security Council to ensure compliance with the ICJ’s advisory opinion.
“Namibia remains fully committed to the Palestinian people’s inalienable right to self-determination,” he said while urging role players to take practical steps to end the illegal occupation.
According to Mushelenga, Namibia’s participation in the advisory opinion case was a collaborative effort involving the Ministry of International Relations and Cooperation and the Ministry of Justice, with support from the late President Hage Geingob.
Contributions were made by Minister Netumbo Nandi-Ndaitwah, Minister Yvonne Dausab, and legal counsel Professor Phoebe Okowa.
Mushelenga said that Namibia’s written submissions were deposited with the ICJ in July 2023, followed by oral submissions during public hearings in The Hague in February 2024.
The advisory opinion was requested by the UN General Assembly through resolution A/RES/77/247 on 30 December 2022, and Namibia’s involvement is a demonstration of the country’s commitment to international justice and the rule of law.
Mushelenga said the advisory opinion case is distinct from the ongoing case concerning the application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip, which demonstrates the complex and multifaceted nature of international legal efforts addressing the Israel-Palestine conflict.
“Namibia’s support for the ICJ’s ruling reflects its broader commitment to justice, equality, and human rights, rooted in its own historical experiences of overcoming oppression and racial segregation,” said Mushelenga.
