THE HAGUE, Netherlands -- The Palestinian foreign minister on Monday accused Israel of apartheid and urged the United Nations' top court to declare that Israel's occupation of lands sought for a Palestinian state is illegal and must end immediately and unconditionally for any hope for a two-state future to survive.
The remarks came at historic hearings into the legality of Israel's 57-year occupation. The case opened against the backdrop of the Israel-Hamas war, which immediately became a focal point of the day -- even though the hearings were meant to center on Israel's open-ended control over the occupied West Bank, the Gaza Strip and annexed east Jerusalem.
Palestinian Foreign Affairs Minister Riad Malki told the International Court of Justice that "2.3 million Palestinians in Gaza, half of them children, are besieged and bombed, killed and maimed, starved and displaced."
"More than 3.5 million Palestinians in the West Bank, including in Jerusalem, are subjected to colonization of their territory and racist violence that enables it," he added.
International law expert Paul Reichler, representing the Palestinians, told the court that the policies of Israel's government "are aligned to an unprecedented extent with the goals of the Israeli settler movement to expand long-term control over the occupied West Bank, including east Jerusalem, and in practice to further integrate those areas within the territory" of Israel.
The hearings follow a request by the U.N. General Assembly for a nonbinding advisory opinion into Israel's policies in the occupied territories. Judges will likely take months to issue an opinion.
Israel's representatives were not scheduled to speak but submitted a five-page letter to the court last July that was published after Monday's hearing.
In the letter, Israel said the questions put to the court are prejudiced and "fail to recognize Israel's right and duty to protect its citizens," address Israeli security concerns or acknowledge Israel-Palestinian agreements to negotiate issues, including "the permanent status of the territory, security arrangements, settlements and borders."
"While the request made to the court seeks to portray it as such, the Israeli-Palestinian conflict is not a cartoon narrative of villain and victim in which there are no Israeli rights and no Palestinian obligations," it said. "Entertaining such a falsehood can only push the parties further apart rather than help create conditions to bring them closer together."
In court, Malki cited the right to self-determination enshrined in the U.N. charter as he told judges that "for decades, the Palestinian people have been denied this right and have endured both colonialism and apartheid."
The Palestinians argue that Israel, by annexing large swaths of occupied land, has violated the prohibition on territorial conquest and the Palestinians' right to self-determination and has imposed a system of racial discrimination and apartheid.
"This occupation is annexation and supremacist in nature," Malki said, appealing to the court to uphold the Palestinian right to self-determination and declare "that the Israeli occupation is illegal and must end immediately, totally and unconditionally."
Palestinians and leading rights groups argue that the occupation goes far beyond defensive measures. They say it has morphed into an apartheid system, bolstered by settlement-building on occupied lands, that gives Palestinians second-class status and is designed to maintain Jewish hegemony from the Jordan River to the Mediterranean Sea. Israel rejects any accusation of apartheid.
Israel captured the West Bank, east Jerusalem and the Gaza Strip in the 1967 Mideast war. The Palestinians seek all three areas for an independent state. Israel considers the West Bank to be disputed territory, whose future should be decided in negotiations.
It has built 146 settlements across the West Bank, according to the watchdog group Peace Now, many of which resemble fully developed suburbs and small towns. The settlements are home to more than 500,000 Jewish settlers, while around 3 million Palestinians live in the territory.
Israel annexed east Jerusalem and considers the entire city to be its capital. An additional 200,000 Israelis live in settlements built in east Jerusalem that Israel considers to be neighborhoods of its capital. Palestinian residents of the city face systematic discrimination, making it difficult for them to build new homes or expand existing ones.
Israel withdrew all of its soldiers and settlers from Gaza in 2005, but continued to control the territory's airspace, coastline and population registry. Israel and Egypt imposed a blockade on Gaza when the Palestinian militant Hamas group seized power there in 2007.
The international community overwhelmingly considers the settlements to be illegal. Israel's annexation of east Jerusalem, home to the city's most sensitive holy sites, is not internationally recognized.
Riyad Al-Maliki, minister of Foreign Affairs of the Palestinian National Authority, center, gives a statement outside the Peace Palace after the United Nations' highest court opened historic hearings, in The Hague, Netherlands, Monday, Feb. 19, 2024. The Palestinian foreign minister has accused Israel of apartheid and urged the United Nations' top court to declare that Israel's occupation of lands sought for a Palestinian state is illegal. If the situation endures, the Palestinians say that any hope for a two-state future will die. The allegation came at the start of historic hearings into the legality of Israel's 57-year occupation of lands sought for a Palestinian state. (AP Photo/Peter Dejong)
The United Nations' highest court with presiding judge Nawaf Salam, left, opening historic hearings in The Hague, Netherlands, Monday, Feb. 19, 2024. ix days of hearings opened Monday at the top United Nations court into the legality of Israel's 57-year occupation of lands sought for a Palestinian state. (AP Photo/Peter Dejong)
Pro-Palestinians demonstrators wave flags as they protest outside the United Nations' highest court during historic hearings, in The Hague, Netherlands, Monday, Feb. 19, 2024. The Palestinian foreign minister has accused Israel of apartheid and urged the United Nations' top court to declare that Israel's occupation of lands sought for a Palestinian state is illegal. If the situation endures, the Palestinians say that any hope for a two-state future will die. The allegation came at the start of historic hearings into the legality of Israel's 57-year occupation of lands sought for a Palestinian state. (AP Photo/Peter Dejong)
A woman holds a sign as pro-Palestinians demonstrators protest outside the United Nations' highest court which opened historic hearings in The Hague, Netherlands, Monday, Feb. 19, 2024. The Palestinian foreign minister has accused Israel of apartheid and urged the United Nations' top court to declare that Israel's occupation of lands sought for a Palestinian state is illegal. If the situation endures, the Palestinians say that any hope for a two-state future will die. The allegation came at the start of historic hearings into the legality of Israel's 57-year occupation of lands sought for a Palestinian state. (AP Photo/Peter Dejong)
A supporter of Palestinians in Gaza flashes a v-sign outside the United Nations' highest court which opened historic hearings, in The Hague, Netherlands, Monday, Feb. 19, 2024. The Palestinian foreign minister has accused Israel of apartheid and urged the United Nations' top court to declare that Israel's occupation of lands sought for a Palestinian state is illegal. If the situation endures, the Palestinians say that any hope for a two-state future will die. The allegation came at the start of historic hearings into the legality of Israel's 57-year occupation of lands sought for a Palestinian state. (AP Photo/Peter Dejong)
Riyad Al-Maliki, minister of Foreign Affairs of the Palestinian National Authority, center, gives a statement outside the Peace Palace after the United Nations' highest court opened historic hearings, in The Hague, Netherlands, Monday, Feb. 19, 2024. The Palestinian foreign minister has accused Israel of apartheid and urged the United Nations' top court to declare that Israel's occupation of lands sought for a Palestinian state is illegal. If the situation endures, the Palestinians say that any hope for a two-state future will die. The allegation came at the start of historic hearings into the legality of Israel's 57-year occupation of lands sought for a Palestinian state. (AP Photo/Peter Dejong)
Riyad Al-Maliki, minister of Foreign Affairs of the Palestinian National Authority, right, gives a statement after the United Nations' highest court opened historic hearings, in The Hague, Netherlands, Monday, Feb. 19, 2024. The Palestinian foreign minister has accused Israel of apartheid and urged the United Nations' top court to declare that Israel's occupation of lands sought for a Palestinian state is illegal. If the situation endures, the Palestinians say that any hope for a two-state future will die. The allegation came at the start of historic hearings into the legality of Israel's 57-year occupation of lands sought for a Palestinian state. (AP Photo/Peter Dejong)
Riyad Al-Maliki, minister of Foreign Affairs of the Palestinian National Authority, center, and Riyad Mansour, representative of the Palestinian National Authority at the U.N., right, take their seats at the United Nations' highest court which opened historic hearings in The Hague, Netherlands, Monday, Feb. 19, 2024. Six days of hearings opened Monday at the top United Nations court into the legality of Israel's 57-year occupation of lands sought for a Palestinian state. (AP Photo/Peter Dejong)
FILE - Israeli soldiers speak to a Palestinian woman near the site of an alleged car-ramming attack near Beit Hagai, a Jewish settlement in the hills south of the large Palestinian city of Hebron, Wednesday, Aug. 30, 2023. The United Nations' highest court opens historic hearings Monday, Feb. 19, 2024, into the legality of Israel's 57-year occupation of the West Bank and east Jerusalem, plunging the 15 international judges back into the heart of the decades-long Israeli-Palestinian conflict. (AP Photo/Mahmoud Illean, File)