The International Court of Justice (ICJ) has declared Israel’s occupation of Palestinian territories illegal and called for its immediate end. This historic ruling highlights Israel’s violations, including settlement expansions and resource exploitation, which breach international laws. The ICJ urges other nations to stop supporting Israel’s actions, marking a pivotal moment in the Palestinian quest for self-determination. Despite Israel’s rejection of the ruling, the global community now faces a crucial decision: will they uphold international law or continue to allow the controversial occupation to persist?
Israel’s continuous presence in the occupied Palestinian territories is illegal, according to the International Court of Justice (ICJ), and it should terminate “as rapidly as possible.”
The 15-judge panel’s nonbinding advisory decision (view below) on Israel’s occupation of Palestinian territory was read out by Nawaf Salam, president of the International Court of Justice (ICJ) in The Hague, on Friday reports Al Jazeera.
The judges cited a long list of actions that they claimed broke international law, including the establishment and growth of Israeli settlements in the West Bank and East Jerusalem, the exploitation of the region’s natural resources, the annexation and imposition of permanent control over lands, and discriminatory measures against the Palestinian people.
The court ruled that Israel is undermining the Palestinian people’s right to self-determination, has no right to sovereignty over the territories, and is breaking international law prohibiting the acquisition of land by force.
According to it, foreign countries had an obligation to refrain from “rendering aid or assistance in maintaining” Israel’s presence in the region. A summary of the more than 80-page opinion handed out by Salam stated that Israel must immediately cease the development of new settlements and evacuate any existing ones.
The court declared that Israel’s “presence in the occupied Palestinian territory is unlawful” due to its “abuse of its status as the occupying power.”
“Israeli settlements in the West Bank and East Jerusalem, and the regime associated with them, have been established and are being maintained in violation of international law,” the court said.
The United Nations General Assembly requested the court’s opinion in 2022.
The World Court, or International Court of Justice, is the highest UN tribunal for adjudicating conflicts between states.
During a 1967 conflict, Israel took control of the West Bank, Gaza Strip, and East Jerusalem—regions of ancient Palestine that the Palestinians desired to become a state. Since then, it has constructed and gradually increased the number of settlements in the West Bank and East Jerusalem. Before its pullout in 2005, it established settlements in Gaza as well.
The Palestinian land is regarded as Israeli-occupied by the UN and the great majority of the international world.
‘Watershed moment’
Reporters at The Hague were informed by Palestinian Foreign Minister Riyad Maliki that the decision was a “watershed moment for Palestine, for justice, and for international law.”
“The ICJ fulfilled its legal and moral duties with this historic ruling. All states must now uphold their clear obligations: no aid, no assistance, no complicity, no money, no arms, no trade, no nothing – no actions of any kind to support Israel’s illegal occupation,” he said.
The decision, according to Palestinian Ambassador to the UN Riyad Mansour, is a “significant step” toward the end of the occupation and the realization of the Palestinian people’s fundamental rights, which include the right to return, statehood, and self-determination.
The demand for the right to return is made by Palestinians who were displaced from their homes during the 1948 Nakba and the 1967 Arab-Israeli War.
Mansour declared that his group would “dissect every sentence” in the opinion.
He declared, “We will produce a masterpiece of a resolution” before the UN General Assembly, adding, “We will consult with an army of friends at the UN and in all corners of the globe.”
The opinion was dismissed by Israel’s Ministry of Foreign Affairs as biased and “fundamentally wrong.”
The office of Israeli Prime Minister Benjamin Netanyahu declared that “the Jewish people are not occupiers in their own land” and referred to the finding as a “decision of lies” that warped the facts.
Human rights attorney Jeffrey Nice told Al Jazeera that although the ICJ verdict is not legally enforceable, it will be difficult for international leaders to fully “disregard” it.
“This is one part of the legal system saying enough is enough,” he said.
He said it would also be “difficult for the interested, informed, concerned public not to say, ‘It’s time Israel put its house in order.’”
“There is a lot of room for hope that this ruling will support a movement, an international movement, across the board in the West and elsewhere in the world in favor of more sanctions, more pressure on Western governments to put more pressure on Israel,” stated Marwan Bishara, senior political analyst for Al Jazeera.
The International Court of Justice is debating claims that Israel is carrying out genocide in its conflict with Gaza in a different case that South Africa filed.
In that instance, the court has already rendered a preliminary verdict, directing Israel to enhance humanitarian aid supplies while also forbidding and punishing incitement to genocide.
The International Court of Justice (ICJ) likewise directed Israel to cease its attack on Rafah, a city in southern Gaza, in May, noting the “immense risk” to the hundreds of thousands of Palestinians seeking refuge there. However, Israel has persisted in attacking Gaza, particularly Rafah, notwithstanding the UN court’s ruling.
Recently, GreatGameInternational reported that by June 28, 2024, thirteen countries, including the latest addition, Spain, had joined South Africa in a powerful legal battle against Israel at the International Court of Justice.
Read the advisory decision below:
186-20240719-pre-01-00-en