On 20 February 2025, the International Court of Justice (ICJ) decided to allow the Organisation of Islamic Cooperation (OIC) to participate in advisory proceedings on Israel’s obligations in the Occupied Palestinian Territory. While this move signals growing legal scrutiny over Israel’s actions, it also exposes the fragility of global justice mechanisms, revealing the political hypocrisy and inhumanity that continue to deprive Palestinians of their fundamental rights. The case, initiated by a United Nations General Assembly request, aims to assess Israel’s obligations as an occupying power, particularly concerning humanitarian aid, international organisations and the protection of Palestinian civilians. The OIC’s inclusion strengthens the case’s legitimacy, offering an avenue for Palestinian voices to be represented in one of the highest legal forums. However, history warns us that mere legal acknowledgment without enforcement only reinforces the cycle of impunity that has defined Israel’s occupation for decades. The so-called commitment to human rights is rendered meaningless when enforcement mechanisms are reserved for the weak while the powerful continue their oppressive regimes with full immunity.

If international law is meant to serve as the foundation for global justice, then why does it consistently fail Palestine? The selective enforcement of ICJ rulings reveals a deep-seated double standard, where Israel and its allies reject legal scrutiny while weaponizing international law against weaker nations. The ICJ’s 2004 advisory opinion, which declared Israel’s separation wall illegal, was ignored, and the wall still stands today, with settlements expanding. The inaction of global institutions when it comes to Palestinian suffering has transformed the so-called rules-based order into a hollow promise—one that operates not on principles of justice but on the balance of power. Today’s advisory proceedings risk becoming yet another symbolic gesture unless the world decides to enforce legal rulings with the same vigour it applies to other global conflicts. The repeated failures of these institutions call into question whether justice is truly a universal value or a selective privilege reserved for nations that align with Western geopolitical interests.

One of the most inhumane aspects of this case is the political backlash it has already triggered. Israel’s allies, particularly the United States and key European nations, dismiss the ICJ proceedings as “biased,” exposing their willingness to sacrifice Palestinian human rights at the altar of geopolitical interests. The ICJ’s ruling, should it criticise Israel, will likely be met with outright rejection and possible retaliatory measures. Israel has a history of collectively punishing Palestinians whenever faced with international legal scrutiny. In the past, legal victories for Palestine have been met with intensified crackdowns, including increased settlement expansions, military aggression, and restrictions on aid organisations. If Israel can defy rulings without consequences while Palestinians suffer for seeking justice through legal means, then justice is no longer blind—it is simply absent. The lives of millions of Palestinians are not just statistics; they are human beings robbed of dignity, security and the fundamental right to self-determination.

Even if the ICJ delivers an advisory opinion condemning Israel’s actions, its ruling remains non-binding. Without concrete enforcement mechanisms, Israel and its allies will likely dismiss it as a mere recommendation, further cementing the status quo. The lack of enforcement capability in cases concerning Palestine renders these legal victories largely symbolic, offering no real protection to the people living under occupation. The failure to impose real consequences on Israel is not just a legal loophole; it is an act of complicity that emboldens further violations. The speed with which the world responds to violations elsewhere stands in stark contrast to the passive, decades-long inaction regarding Palestine. If international courts can lead to economic sanctions, travel bans and even military interventions in some cases, why is there no comparable action when Israel is found in violation of the international law? If laws cannot protect the most vulnerable, then they serve no real purpose beyond maintaining the status quo of oppression.

While diplomats and legal experts debate the merits of this case, Palestinians continue to endure the brutal realities of occupation. The humanitarian situation in Gaza and the West Bank worsens daily as home demolitions, military raids, restrictions on movement and extrajudicial killings become normalised. The ongoing displacement of Palestinians through land confiscation and illegal settlement expansions continues to erase Palestinian identity while the world watches in silence. Meanwhile, the United Nations, the ICJ, and other global bodies continue issuing statements and rulings that, without enforcement, serve as little more than diplomatic noise. Every moment of inaction will amount to waiting to see another Palestinian home being destroyed, another family being torn apart, another generation growing up in the shadow of occupation. The world must decide: Will justice remain a privilege for the powerful, or will it finally serve the oppressed? The answer to this question will define not only the fate of Palestine but the credibility of the entire international legal system.

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The writer is an Assistant Professor in the Department of Philosophy at IUBAT and pursuing a Masters in Human Rights and Multiculturalism at University of South Eastern Norway