Egypt’s ICJ Memorandums Against Israel

Photo Courtesy @UN Photo / Andrea Brizzi

Egypt submitted two memorandums to the International Court of Justice (ICJ) on February 21 addressing Israel’s aggression against Palestine and highlighting the violations of international laws.

The memorandums highlighted the illegality of Israel’s 75-year-long occupation of Palestinian land and condemned the ongoing brutal onslaught in Gaza where 29,000 civilians were killed and 2.3 million displaced.

Israel’s violations of international humanitarian law included land annexation, home demolition, and the displacement of Palestinians. 

“Egypt firmly denounces the ongoing obstruction of the Palestinian people’s inalienable, permanent, and unqualified right to self-determination,” argued Yasmine Moussa, legal advisor at the Cabinet of the Minister of Foreign Affairs in her oral arguments at the International Court of Justice’s hearings. 

The memorandums also emphasize the need to hold Israel accountable for their unlawful acts and demand their immediate withdrawal from the occupied Palestinian territories, as well as compensate the Palestinian people for the harm caused by their practices.

“The ICJ is a respected institution and its opinions and judgments do carry weight for many states. I don’t think this opinion will alter the US or Israeli positions, but it will be interesting to see how European states and the European Union (EU) as a whole respond,” Associate Professor in the Department of Law Jason Beckett told The Caravan.

He added that the EU’s assistance to Israel and their favorable economic arrangements with one another give it enormous influence over Israel. 

“But, that assumes an appeal to the EU’s soul or better nature, and it is quite debatable whether the EU possesses either. They haven’t even threatened to sanction Israel over its ongoing genocide in Gaza yet,” added Beckett.

Beckett went on to explain that the situation will only change if the United States withdraws its military support to Israel.

“I don’t think that will happen. Biden has a genuine blind spot when it comes to Israel, and Trump’s election will make things worse,” said Beckett.

Beckett argued that there is a slight chance that the outcomes of Egypt and Israel’s ICJ procedures might influence the larger dynamics of Middle Eastern conflict resolution and peacebuilding initiatives.

However, Beckett believes that both Israel and the United States will ignore the ICJ and accuse it of being biased. 

“Egypt’s arguments are largely in line with the global consensus that Israel’s conduct is illegal. I don’t think anyone will care much either way, but I’m glad Palestine got their day in court,” said Beckett.

Nada Mohamed, a Political Science alumna who works as a policy researcher, argued that Egypt pursued its concerns against Israel at the ICJ as the situation worsened after South Africa’s arguments in support of Palestine.

Mohamed added that Egypt’s reputation as the most crucial mediator in the Middle East has already been bolstered by its repeated success in mediating a cease-fire between Israel and Palestine. Egypt continuously rejects and condemns any Israeli attempts to alter the present historical and legal situation, reiterating this position in both regional and international arenas.

Mohamed Qeshta, a Palestinian assistant professor of accounting and finance at Applied Science University in Bahrain, told The Caravan that the memorandum could benefit Palestinians by bringing attention to their plight.

“Egypt’s decision to bring its disputes with Israel to the ICJ is a significant move,” said Qeshta.

As with any political matter, the engagement of Egypt in the ICJ to aid Palestine might also have some drawbacks.
Qeshta explained that from a Palestinian standpoint, the potential drawbacks of Egypt’s engagement with the ICJ may include prolonging the conflict or facing backlash from Israel and its allies.