The Illegality of Arresting and Prosecuting Palestinians in Light of the ICJ’s Advisory Opinion

This report, authored by Addameer, examines the illegality of Israel's arrest and trial of Palestinians under military orders in light of the International Court of Justice's (ICJ) advisory opinion on the Israeli occupation. While the ICJ ruled that Israel's occupation is unlawful and must end swiftly, it did not directly address the legality of Palestinian arrests or trials under Israeli military courts. However, the report argues that such arrests and trials are illegal, as they are carried out within the framework of an unlawful occupation and unjust legal system.

The report highlights how, since 1967, Israeli authorities have used military orders to control every aspect of Palestinian life, criminalising basic rights and establishing a military judicial system to enforce this dominance. This system, which functions as part of an apartheid regime, suppresses the Palestinian population and deprives them of their right to self-determination, further entrenching Israel's illegal occupation of Palestinian territories.