On 19 July, the International Court of Justice (the ‘ICJ’) issued a non-binding advisory opinion finding that Israel’s continuous occupation of Palestinian territory is unlawful and must swiftly be ceased. During a 1967 war, Israel invaded the West Banks, East Jerusalem and the Gaza Strip, all regions of historic Palestine. Although settlements were withdrawn from Gaza in 2005, there has been continued growth of settlements in West Banks and East Jerusalem.
The United Nations General Assembly made a request to the ICJ in 2022 about the legality of the policies and practices implemented by Israel in occupied Palestinian territory. Some of the settlement policies that the Court looked at included the exploitation of natural resources, the taking of land, the creation of Israeli settlements and discriminatory treatment towards Palestinians. As Israel exerts force to occupy the territory, the Court held this breaches international law and violates the right of Palestinians to self-determination.
The Court found that the continued presence of Israel in Palestinian territory is unlawful, and should be ended ‘as rapidly as possible.’ Additionally, the ICJ held Israel should stop any new settlement initiatives and evacuate their settlers. Reparations should be made by Israel for damages to those in occupied Palestinian territories.
Also, it was found that States, organisations and international bodies have obligations. The ICJ held that States should not consider the unlawful presence as legal and as such, should not give any aid or assistance to Israel to maintain the occupation. International organisations should similarly not recognise the current setup as legal, and the United Nations must look at further steps to end the unlawful occupation as soon as possible.
The opinion has not been received favourably by Israel, with Benjamin Netanyahu, Israeli Prime Minister issuing a statement referring to the opinion as a “decision of lies,” opining that “the Jewish people are not occupiers in their own land.”
On the other hand, Riyad Maliki, Palestinian Foreign Minister expressed his assent,
“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,”
Another case ensues in the ICJ concerning the war on Gaza and South Africa’s contention that Israel is committing Genocide. Despite a preliminary ruling by the Court holding that Israel must prevent and condemn incitement to genocide and provide more humanitarian aid, along with an order to stop its attacks on Rafah, the war continues and the UN agency for Palestinian refugees says 86% of the Gaza Strip is currently under evacuation orders.
Click here to read the Advisory Opinion.