Legal experts warn of ‘sophisticated version of mandate system’ imposed on Palestinians
‘Justice for Palestine’ conference in Spain's Valencia brings together jurists from over 10 countries to review Israel’s actions in Gaza, ICJ’s findings, shortcomings in global accountability mechanisms
VALENCIA, Spain / ISTANBUL
Israel is imposing a modern form of the old mandate system on Palestinians, legal experts warned Wednesday at an international conference in Spain, citing renewed external control and the suppression of Palestinian self-determination.
The two-day “Justice for Palestine” conference, hosted by the University of Valencia Faculty of Law with partners from Türkiye, brought together jurists from over 10 countries to examine Israel’s actions in Gaza, global justice mechanisms, and the ICJ’s 2025 advisory opinion on Israel’s obligations.
Prof. Fethi Gedikli, dean of Istanbul University’s Faculty of Law, criticized the UN Security Council’s inaction, noting that divisions among permanent members have prevented a meaningful response.
“Quite clearly, their right to self-determination is being suppressed, and a sophisticated version of the mandate system, once believed to be buried in history, is being imposed on the Palestinian people,” Gedikli said.
Referring to Resolution 2803, he said it “placed heavy emphasis on security arrangements and external control over Gaza, appearing to reflect Israel’s interests more than the rights and needs of Palestinians.”
Gedikli added that the International Court of Justice (ICJ) has affirmed that Israel’s occupation violates international law, amounts to de facto annexation, and cannot override Palestinians’ right to self-determination.
He also noted that obstructing the UN agency for Palestinian refugees (UNRWA) is unlawful and that Israel’s governing system amounts to apartheid.
International Jurists Union Vice President M. Refik Korkusuz said the long-standing narrative of Israel as a “victim nation” is shifting while global recognition of the Palestinian struggle is growing.
He added that periods of extreme injustice have appeared throughout history, but those who continued to demand justice ultimately prevailed.
- ‘Mass destruction, a full genocide’
Yasin Samli, head of the Istanbul No. 2 Bar Association, stressed that the situation in Gaza is not a conventional conflict but “an attempt to annihilate a territory of 2.3 million people—its schools, hospitals, mosques, UN buildings, and its entire civilian population.”
Under international law, he said, this constitutes “mass destruction, a full genocide.”
Since Oct. 7, 2023, Samli noted that 75,360 Palestinians have been killed by Israel, including 21,390 children and 14,060 women, while 95% of schools and universities and 80% of homes have been destroyed or severely damaged.
-Türkiye’s legal steps at ICJ and ICC
Turkish MP Cahit Ozkan said Türkiye considers the Palestinian cause essential for achieving lasting regional and global peace.
He recalled that Türkiye joined South Africa’s genocide case against Israel at the ICJ as an intervening state, calling it a “historic step” toward ending Israel’s culture of impunity.
Türkiye, he said, has also submitted a formal notification to the ICC regarding crimes committed in the Occupied Palestinian Territory.
Ozkan praised Spain’s principled stance, saying Madrid has shown “one of the most consistent, just, and humane approaches” among Western countries, particularly by recognizing the State of Palestine.
- ‘Western states must do more’
Fadoua Arfoui, founder of Spain’s Lawyers for Palestine Association, said they continue to campaign for governments, particularly in Spain, to adopt sanctions on Israel, stressing that "Western states must do more" and take stronger action.
Sessions explored challenges faced by the ICC, the ICJ’s responsibilities, universal jurisdiction practices, and civil society’s role in accountability, along with technical discussions on genocide intent, attacks on civilian and cultural sites, resource exploitation, and corporate involvement.
Prof. Clara Viana Ballester said hosting the event on International Human Rights Day was meaningful, noting it would spur new debate on human rights and the suffering in Gaza.
