ICJ says Israel’s presence in Palestinian territory is unlawful

The International Court of Justice (ICJ) has declared Israel’s continued presence in the occupied Palestinian territory unlawful and has called for it to end “as rapidly as possible.”

Nawaf Salam, president of the ICJ in The Hague, delivered the nonbinding advisory opinion issued by the 15-judge panel regarding Israel’s occupation of Palestinian territory on Friday, according to the Associated Press.

The judges cited numerous policies – including the expansion of Israeli settlements in the West Bank and East Jerusalem, exploitation of the area’s natural resources, annexation, permanent control over lands, and discriminatory practices against Palestinians – as violations of international law.

The court stated that Israel has no right to sovereignty over the territories, is breaching international laws prohibiting the acquisition of territory by force, and is obstructing Palestinians’ right to self-determination.

Other nations are obligated not to “render aid or assistance in maintaining” Israel’s presence in the territory, the court said. It emphasized that Israel must halt settlement construction immediately and dismantle existing settlements, as outlined in a summary of the more than 80-page opinion read out by Salam.

Israel’s “abuse of its status as the occupying power” renders its “presence in the occupied Palestinian territory unlawful,” the court stated.

“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 affirmed.

This opinion was sought following a 2022 request from the United Nations General Assembly.

The ICJ, also known as the World Court, is the highest UN body for adjudicating disputes between states.

Israel captured the West Bank, Gaza Strip, and East Jerusalem – parts of historic Palestine that Palestinians aim to include in their state – during a 1967 war. Since then, it has constructed and expanded settlements in the West Bank and East Jerusalem. Israel also had settlements in Gaza until a withdrawal in 2005.

Palestinian Foreign Minister Riyad Maliki hailed the ruling as 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.

Riyad Mansour, the Palestinian ambassador to the UN, described the ruling as a “significant step” toward ending the occupation and securing the inalienable rights of the Palestinian people, including self-determination, statehood, and the right of return.

The right to return pertains to the demand that Palestinians displaced during the 1948 Nakba and the 1967 Arab-Israeli war be allowed to return to their homes.

Mansour stated that his team would analyze the entire opinion thoroughly and collaborate with allies worldwide to draft a resolution for the UN General Assembly.

Israel’s Ministry of Foreign Affairs dismissed the opinion as “fundamentally wrong” and biased.

Israeli Prime Minister Benjamin Netanyahu’s office described the ruling as a “decision of lies” that distorted the truth, insisting that “the Jewish people are not occupiers in their own land.”

Jeffrey Nice, a human rights barrister, told that despite being nonbinding, it would be challenging for world leaders to completely ignore the ICJ ruling.

“This is one part of the legal system saying enough is enough,” he remarked.

He noted that the ruling would make it difficult for the concerned public not to demand that Israel rectify its actions.

Marwan Bishara, suggested that the ruling could galvanize an international movement advocating for increased sanctions and pressure on Western governments to hold Israel accountable.

In a separate case initiated by South Africa, the ICJ is examining allegations that Israel is committing genocide in its actions against Gaza.

A preliminary ruling in that case has already been issued, with the court ordering Israel to prevent and punish incitement to genocide and to enhance humanitarian aid provisions.

In May, the ICJ ordered Israel to cease its offensive on Rafah, a city in southern Gaza, due to the “immense risk” posed to hundreds of thousands of Palestinians seeking refuge there. However, Israel has continued its attacks on Gaza, including Rafah, in defiance of the UN court.