The International Court of Justice (ICJ) issued a landmark advisory opinion on July 19, declaring that Israel’s occupation and policies in the occupied Palestinian territories – namely the West Bank, East Jerusalem and Gaza – are illegal under international law.
ICJ President Nawaf Salam stated: “The sustained abuse of Israel of its position as an occupying power through annexation and an assertion of permanent control over the occupied Palestinian territory and continued frustration of the right of the Palestinian people to self-determination violates fundamental principles of international law and renders Israel’s presence in the occupied Palestinian territory unlawful.”
The court’s ruling goes beyond declaring Israel’s settlement and occupation of the Palestinian territories unlawful. It mandates that Israel must end its occupation as soon as possible, cease all new settlement activities and evacuate all settlers from the occupied Palestinian territories. (Related: Israel approves largest LAND GRAB in the Palestinian West Bank in over 30 years.)
Moreover, the court ruled that Israel must make reparations for the damage caused to Palestinians in the occupied territories. It emphasized that the United Nations and its member states are obligated not to recognize Israel’s occupation as legal and must not assist Israel in maintaining the occupation.
The ruling urged both the UN General Assembly and the Security Council to consider steps to pressure Israel to accept the ICJ ruling and end its illegal occupation promptly.
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The ICJ’s opinion reaffirmed previous UN resolutions, stating that acquiring territory by force and changing conquered territory by transferring a foreign population within its borders for settlement is illegal under international law.
The Israeli army conquered and occupied the West Bank, East Jerusalem, and Gaza in 1967. Since then, Israel has maintained military rule over Palestinians while confiscating occupied land to build settlements for Israelis. Israel has argued that its occupation was temporary and to be resolved through future negotiations, yet it has settled over 700,000 Israelis in the occupied territories, hoping to make it practically impossible to return the land to Palestinians.
The ICJ’s ruling marks a significant step in the international legal landscape concerning the Israeli-Palestinian conflict, reaffirming the illegality of occupation and the necessity for a just resolution in line with international law.
NGOs call for acceptance of ICJ ruling, Israeli disengagement from West Bank
Some of the world’s largest and most influential human rights groups have celebrated the ICJ’s ruling and called on Israel to comply with its opinions.
Sally Abi Khalil, Middle East regional director for British NGO Oxfam, called the ICJ’s opinion a “historic ruling.”
“This is a historic ruling that lays bare Israel’s criminal actions that have denied rights, marginalized and subjugated Palestinians for decades. Every aspect of the occupation is illegal – settlements and settlers, the denial of water, and the use of Palestinian natural resources,” said Khalil. “The ICJ leaves absolutely no doubt that Israel has illegally annexed large parts of the West Bank and East Jerusalem, and Palestinians are due reparations for all harms committed since 1967.”
“The Court confirmed that Israel is committing the crime of apartheid in the West Bank and East Jerusalem, which is one of the most serious international crimes,” Khalil continued. “There must now be an end to the occupation, the dismantling of settlements, and complete self-determination for Palestinians. The international community cannot continue to ignore legal rulings regarding Israel’s illegal policies and inhumane practices.”
Tirana Hassan, Human Rights Watch executive director, reacted similarly, calling on the international community – especially Israel’s closest ally the United States – to work together to end Israel’s violations of international law.
“In a historic ruling the International Court of Justice has found multiple and serious international law violations by Israel towards Palestinians in the Occupied Palestinian Territory, including, for the first time, finding Israel responsible for apartheid,” said Hassan. “The court has laced responsibility with all states and the United Nations to end these violations of international law. The ruling should be yet another wake up call for the United States to end its egregious policy of defending Israel’s oppression of Palestinians and prompt a thorough reassessment in other countries as well.”
Erika Guevara Rosas, Amnesty International’s senior director for research, advocacy, policy and campaigns, called the ICJ ruling a “historic vindication” for Palestinians victimized by Israel through the decades.
“[The ICJ] has issued its opinion and the conclusion is loud and clear: Israel’s occupation and annexation of the Palestinian territories are unlawful, and its discriminatory laws and policies against Palestinians violate the prohibition on racial segregation and apartheid,” said Rosas. “This is a historic vindication of the rights of Palestinians who have endured decades of cruelty and systematic human rights violations stemming from Israel’s unlawful occupation.”
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