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Articles

Vol. 16 No. 1 (2026): GoJIL

Comparing the CERD Conciliation Mechanism and the ICJ’s Advisory Opinion on Israel’s Racial Discrimination Policy in the Occupied Palestinian Territories: Towards the Judicialization of the Israel/Palestine Conflict via Strategic Means of Dispute Settlement Before the UN System

  • Efpraxia Anagnostopoulou
DOI
https://doi.org/10.59609/1868-1581-2744
Published
2026-04-30

Abstract

The Article examines the recent wave of ‘judicialization’ of the protracted Israel/Palestine conflict with particular emphasis on the 2024 ICJ Advisory Opinion (AO) and CERD’s Conciliatory Proceedings. Specifically, it investigates an often-disregarded aspect of how such UN legal tools and bodies are employed to advance legal claims, with the ultimate goal of using law to settle disputes. Subsequently, it argues that Palestine has strategically opted for these procedures to obtain authoritative pronouncements from (quasi) judicial fora on aspects of its dispute with Israel, which does not consent to third-party settlement. To develop this principal position on Palestine’s lawfare, the Article advances its main argument, namely that the ICJ Advisory Proceedings and the Conciliation Procedure under the CERD framework are integral to the dispute settlement methods outlined in Article 33 Charter and should be considered viable litigation strategies for addressing bilateral disputes like the Israel/Palestine conflict that cannot be resolved via direct contentious proceedings. To achieve such goal, the Article explores the twofold reason underlying Palestine’s strategic petitions. It firstly argues that through such procedures Palestine circumvented jurisdictional obstacles prevalent in contentious cases, including its contested statehood and limited standing as well as Israel’s non-consent. The Article particularly addresses the influence of Israel’s non-consent on the organs’ jurisdiction, admissibility and standard of proof. On a second note, the Article explores the long-term, legal and political consequences of such pronouncements, by clarifying their so-called ‘authoritativeness’. It argues that they have a semi-binding character lato sensu and are capable of influencing negotiations and shaping policy on an international level. The Article concludes by addressing pressing concerns relating to the protection of the fora’s (quasi) judicial integrity and contends that such procedures were intended as (quasi) judicial methods within the UN system to facilitate the settlement of inter-State disputes, manifesting the Organizations ideal of ‘peace through law’.