U.S. stands with Israel at U.N. court as Biden-Netanyahu tensions continue to simmer

BRUSSELS

The United States backed Israel in a hearing Wednesday at the International Court of Justice, once again diverging from allies despite growing tension between President Biden and Israeli Prime Minister Benjamin Netanyahu over the Israel-Gaza war.

In a presentation in The

Hague, the United States said that an advisory opinion from the U.N.’s top court had the potential to frustrate peace efforts if it did not account for Israel’s needs. “A movement toward Israel’s withdrawal from the West Bank and Gaza requires consideration of Israel’s very real security needs,” State Department official Richard Visek told the court.

The remarks came on the third day of historic hearings on Israel’s control over the West Bank, Gaza and annexed East Jerusalem. In earlier presentations, representatives from South Africa and other nations slammed Israel for running an “apartheid state” and called for an end to the occupation of Palestinian territories.

The ICJ case stems from the U.N. General Assembly’s 2022 request for an advisory opinion and predates the Oct. 7 Hamas attacks on Israel and the devastating Israel-Gaza war.

is legally distinct from the genocide case brought by South Africa against Israel late last year. But the devastation on the ground in Gaza — and the world’s inability to stop it — have loomed over the proceedings and lent a sense of urgency to the case.

Israel is not participating in the hearings. In a statement, Netanyahu’s office said the proceedings were “designed to harm Israel’s right to defend itself against existential threats.

The United States is increasingly isolated when it comes to Israel — and that has been evident in The Hague. A lawyer for the Palestinians, Paul Reichler, argued that the United States was “the only state besides Fiji to defend Israel” during the proceedings. “This is not surprising,” he said. “Whatever offenses against international law Israel commits, the United States comes forward to shield it from accountability.

The United States remains Israel’s closest ally, but faces growing pressure to change Israel’s conduct, particularly in Gaza, where 29,000 people have been killed.

Earlier this month, Biden called the Israeli military operation that began after Hamas’s attacks “over the top” and said the civilian suffering must stop.

Biden also signed an executive order that imposed sanctions on four West Bank settlers who the administration says have committed violence against Palestinians, the most significant step taken against Israelis since the conflict began — though many have called on the administration to do more.

The killing of two American teens in the West Bank has also led to calls for a stronger U.S. response.

But the Biden administration continues to back Israel in international settings. On Tuesday, the United States for the third time since the start of the conflict vetoed a Security Council resolution calling for an immediate cease-fire in the Gaza Strip.

The United States argued that an immediate ceasefire could jeopardize negotiations for a six-week pause that would see Hamas release Israeli hostages in exchange for the return of jailed Palestinians, as well as additional humanitarian aid. Instead, Linda Thomas-Greenfield, the U.S. ambassador to the United Nations, called on members to support an alternative resolution.

In The Hague on Wednesday, Visek, the U.S. representative, sought to acknowledge the U.N. court’s role while warning against the risks of “onesidedness.”

“We were all reminded of those security needs on October 7, and they persist,” he said. “Regrettably, those needs have been ignored by many of the participants in asserting how the court should consider the questions before it.”

The hearings will continue through Monday with more than two dozen countries yet to speak.