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Best of 2025 - Israel’s response to the International Court of Justice

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The ceasefire plan in Gaza has dominated our news in recent days and weeks. One aspect of the plan is the obligation of Israel in the first phase to release a number — a large number — of Palestinian prisoners.

A repost from 14 October 2025

One of those sought to be released is Marwan Barghouti, a Palestinian political leader until 2002, when he was captured and convicted on charges of involvement in deadly attacks resulting in the deaths of five Israelis. Barghouti declined to recognise the legitimacy of the court or enter a plea. He denied any involvement in the deaths. He has maintained popularity with Palestinians as a potential political leader in the years since his conviction.

Israel has refused to include Barghouti among those to be released. When justifying such refusal, a senior Israeli official emphasised his conviction by a court of law of the five murders, and the sentence passed, of life imprisonment for each. Those sentences are, of course, being served. Barghouti’s refusal to recognise the legitimacy of the court is regarded as irrelevant by lawmakers, whether or not Israeli lawmakers, to the validity of the sentences. I presume an appeals process was available.

This background caused me to consider just how important the decision of a court of law is to Israel and its citizens. The particular judgment that came to mind was that of the ICJ of 19 July 2024 – the Advisory Opinion regarding the legal consequences of Israel’s occupation of Palestinian territories. Simply stated, the Advisory Opinion held that Israel’s occupation of Palestinian territory is illegal and must be........

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