The International Court of Justice, declared on Friday that Israel’s presence in the West Bank and East Jerusalem is illegal.
This unprecedented opinion from the United Nations’ top court urged Israel to end its long-term occupation of these territories, which Palestinians claim for their future state.
Though advisory opinions are non-binding, this marked the first time the ICJ had commented on the legality of Israel’s presence in territories seized during the 1967 war.
Such opinions carry moral authority and can influence international law, according to the ICJ.
The judgment elicited condemnation from Israeli leaders and praise from Palestinian officials.
The ICJ detailed Israeli actions that it deemed violations of international law, including land confiscation, settlement construction, and depriving Palestinians of natural resources and self-determination.
The court called for a halt to new settlements, the evacuation of settlers, and reparations for damages caused.
The opinion stated, “The sustained abuse by 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.”
ICJ President, Judge Nawaf Salam, noted that extensive land confiscation and restricted access to resources deprive the local population of their basic means of subsistence, inducing their departure.
The court also criticized Israel’s declaration of Jerusalem as its capital, asserting it entrenched Israeli control over the occupied territories and violated international law with settlements in the West Bank and East Jerusalem.
Israel seized the West Bank, East Jerusalem, Gaza Strip, and Golan Heights in the 1967 war and began establishing Jewish settlements soon after.
The Palestinians seek the West Bank and Gaza for a future state, with East Jerusalem as its capital.
The ICJ concluded that all states and international organizations, including the United Nations, must not recognize Israel’s unlawful presence in these territories.
This case, predating the current Israel-Hamas war, originated from a 2022 request by the UN General Assembly for an advisory opinion.
The ICJ was asked to assess the legal consequences of Israel’s prolonged occupation, settlement, and annexation of Palestinian territory since 1967.
This issue is separate from the ICJ proceedings involving South Africa’s accusation of genocide against Israel in the context of its conflict with Hamas, a claim Israel denies.
Israeli Prime Minister Benjamin Netanyahu and other officials rejected the ICJ’s opinion.
Netanyahu stated, “The Jewish people are not conquerors in their own land. No false decision in The Hague will distort this historical truth, just as the legality of Israeli settlement in all the territories of our homeland cannot be contested.”
Foreign Minister Israel Katz described the opinion as “fundamentally warped, one-sided, and wrong,” while Finance Minister Bezalel Smotrich called for annexation of the West Bank in response.
Conversely, the Palestinian Authority praised the opinion as a pivotal moment for justice and international law, urging all states and the UN to reject the legality of the settlements and refrain from supporting Israel’s illegal situation.
Experts note that while ICJ opinions are not binding, they are influential. The 2004 ICJ opinion on Israel’s separation barrier in the West Bank urged its removal, setting a precedent for Friday’s broader call for Israel to withdraw from occupied territories.
Professor Eliav Lieblich of Tel Aviv University highlighted the significant difference, emphasizing the ICJ’s current stance on the necessity for Israel’s withdrawal.
The opinions, perceived as authoritative statements of international law, could impact international organizations and domestic courts, potentially influencing policies such as arms exports to the occupied territories.
