Namibia will take a leading role in a separate case against Israel at the International Court of Justice (ICJ) in The Hague, fiercely challenging Israel’s decades-long occupation of the Palestinian territory.
Cabinet has assigned justice minister Yvonne Dausab with the all-important task of making Namibia’s oral statement at the Peace Palace in The Hague on Friday, while top Kenyan lawyer Professor Phoebe Okowa has also been roped in to make oral arguments on behalf of Namibia.
Although somewhat ethically related, Namibia’s case at the ICJ strictly seeks an advisory opinion from the court on the legal consequences arising from the policies and practices of Israel in the occupied Palestinian territory, including East Jerusalem.
Namibia’s case is entirely different from the ICJ’s genocide case lodged by South Africa against Israel.
The case, which involves Namibia and 52 other states as well as various international organisations, stems from a resolution adopted by the United Nations General Assembly (UNGA) in December 2022, which requested the ICJ to render an advisory opinion on the Palestine issue.
Following strong written submissions to the ICJ by Namibia and others, the court finally agreed to the UNGA’s request for an advisory opinion on the legal consequences arising from Israel’s continued occupation of Palestinian territory, including East Jerusalem.
The written proceedings, which have already been concluded, will now be followed by oral proceedings, which will see Namibia and others taking a stand against Israel through oral submissions this Friday before the court.
After the hearings are concluded, the ICJ will deliberate and eventually issue its advisory opinion on Israel’s disputed occupation of Palestinian territory.
ICJ advisory opinions carry great legal weight and moral authority. They are often an instrument of preventive diplomacy, and have peacekeeping virtues.
Different
The ICJ naturally accommodates two types of cases: legal disputes among member states, and requests by UN bodies or agencies for advisory opinions on legal questions.
Unlike the ICJ’s genocide case which South Africa lodged against Israel, no country is officially spearheading the proceedings for an advisory opinion on Israel’s occupation of Palestinian territory.
Rather, the case was brought to the court by the UNGA, and will give Namibia and others an opportunity to take leading roles by offering their expertise and perspectives to the court through oral arguments and statements.
In the genocide case, South Africa has charged that Israel has violated the Genocide Convention in its ongoing military campaign in Gaza, which has reportedly left over 30 000 dead.
South Africa is also seeking provisional measures from the court to ensure that Israel complies with its legal obligations under the Genocide Convention not to engage in acts of genocide.
Israel has, however, denied the charges, insisting that its war is against Hamas, and not the Palestinian people.
Leading
Namibia’s relations with the State of Palestine dates back as far as 1987, and this country has for decades been one of the leading voices calling for a two-state solution to the Israel-Palestine conflict.
Namibia has maintained its stance that a return to the table of negotiations to reach a two-state solution between Israel and Palestine, based on the pre-1967 borders, is the only way to ensure a peaceful, just and lasting solution.
To achieve this, Namibia maintains that international law and all relevant UN resolutions should be the guiding instruments.
In 2006, during one of their interactions, Namibia’s former president Hifikepunye Pohamba made it clear to Ilan Baruc, the former Israeli ambassador-designate to Namibia that: “Namibia regards Israel as a friendly country, but we side with the Palestinians when it comes to your conflict in the Middle East. Namibia will not be able to warm up its relations with Israel unless the occupation in Palestine comes to its end, and the State of Palestine emerges in good neighbourhood with Israel.”
Meanwhile, the National Society for Human Rights in Namibia and many other organisations have for years been calling on the Namibian government to cut all diplomatic relations with Israel due to its ongoing denial of the inalienable right to self-determination for the people of Palestine.
Local human rights organisations, while strongly calling for the international isolation of Israel, have said that Israel’s actions in Palestine are tantamount to crimes of unmatched proportions against humanity.
Legal guru
Okowa is a 59-year-old Kenyan lawyer, professor of public international law, and director of graduate studies at the Queen Mary University of London.
In 2021, she was elected to the International Law Commission (ILC) for a period of five years, becoming the first African woman to serve as a member of the Commission.
Also, in 2017, she was appointed as a member of the Permanent Court of Arbitration at The Hague by Kenya, and as an advocate of the High Court of Kenya. She has acted as counsel and consultant to governments and non-governmental organisations on questions of international law before domestic and international courts, including the ICJ.
The government of Kenya nominated Okowa for election to the ILC in 2021, and she was co-nominated by the United Kingdom and endorsed by the African Union.
The ILC is a body of experts responsible for helping develop and codify international law. Under the ILC Statute, its members shall be persons of recognised competence in international law. It is composed of 34 individuals, who are elected by the UNGA for a five-year term.