16 November 2024, 09.00 – 13.00 CET
Rampas Uribitarte 3 Street . Bilbao 48001 (www.icabizkaia.eus)
Introduction:
The Palestinian legal struggle has gained renewed significance in the wake of the 2024 advisory opinion of the International Court of Justice (ICJ), the UNGA Resolution of September 17, 2024 and the ongoing investigations by the International Criminal Court (ICC). The ICJ’s opinion, which reaffirmed the illegality of Israel’s occupation and the violation of Palestinians’ right to self-determination, has provided a stronger legal foundation for Palestinian claims on the global stage. Following the AO of the ICJ, the UNGA Resolution of September 17 overwhelmingly voted for imposing sanctions on Israel, triggering the legal obligations of all states end complicity with Israel´s illegal occupation.Alongside this, the ICJ is also hearing the case on Genocide against Israel, marking a critical legal avenue to address the mass atrocities being committed by Israel. All this has opened new legal avenues not only at international bodies like the United Nations and the ICC but also at the state and regional levels. Countries, particularly within Europe, Africa, and the Middle East, now have the duty of restricting trade related to illegal settlements, imposing embargos on arms trade as well as lawful and tageted sanctions and support Palestinian efforts through their own legal and diplomatic mechanisms. The ICC’s investigation into potential war crimes, including those tied to settlement expansions and military operations in Gaza, adds further international scrutiny. However, all these legal developments are unfolding against the backdrop of an ongoing genocide in Gaza, where the humanitarian crisis has reached a critical point, and the situation in the West Bank continues to deteriorate, with increasing violence and displacement.The regional risks are also escalating, as the violence in the Occupied Palestinian Territories has spilled over into neighboring areas, threatening broader instability in the Middle East.
Despite the UNGA Resolution and the ICJ’s legal ruling, their non-binding nature means that enforcement depends largely on the political will of states and international organizations, many of whom are reluctant to take concrete actions that might disrupt alliances or economic ties with Israel. Similarly, while the ICC investigation holds promise for accountability, it faces significant challenges, including Israel’s rejection of the court’s jurisdiction and the risk of external political pressure limiting its scope. In this deteriorating context, while legal victories in international courts offer symbolic and strategic leverage, the path to meaningful change remains fraught with political and diplomatic practical challenges that require coordinated international and regional legal and diplomatic efforts to increasse the pressure so that a lasting peace based on International law and principles is achieved. It is time to act!
Programme:
November 16, Saturday
09.00.- 9.15 Presentation
- Gernika-Gaza Palestine Solidarity Initiative Spokesperson.
- Professor Mr. Bill Bowring (ELDH Honorary President).
09.15.- 10.00. The International Law and the Struggle for Palestine
- UN Special Rapporteur on Palestine, Mrs. Francesca Albanese (Online Intervention)
- Mrs. Monique Chemillier-Gendreau (Honorary President of the French Association of Democratic Lawyers and ELDH) (Online Intervention)
10.00.-11.30. The IJC Advisory Opinion and the Genocide case: Challenges & Opportunities
- Mr. Raji Sourani (Palestine Center of HHRR)
- Mr. Issam Younis (Al Mezan, Human Rights Organization)
- Mr. Hussein Ali Qassem (Union of Arab Lawyers)
- Mr. Marco Bona (Turin Bar Association)
Moderator: Mrs. Barbara Spinelli (Co-President of ELDH)
11.30.-12.00. Coffee Break
12.00.-13-00. Israel under the ICC: Challenges and Opportunities
- Mrs. Lamis J Deek (PAL Law Commission)
- Mr. Fadi Abbas (President of the Palestine Lawyers Bar Association)
- Mr. Fouad Baker (Member of the European Anti-apartheid Initiative)
Moderator: Mr. Thomas Schmidt (Co-Secretary General ELDH)
13.00.-13-30. Presentation of the report about Palestine Lawyer´s situation
- Mrs. Mai Attallah (Palestine Bar Association)
- Mrs. Shomoo S. Abdalmuti Barghouthi (Palestine Bar Association)
- Mrs.Ceren Uysal (ELDH Co-Secretary General)
Moderator :Mrs. Lorraine Leete (Legal Centre Lesvos)
13.30. Closure
- ELDH Co-Presidents Barbara Spinelli & Urko Aiartza Azurtza