The Hague,— The United Nations’ highest court has declared Israel’s occupation of Palestinian territories and its settlements there as illegal, calling for their immediate withdrawal. This advisory opinion, issued by the International Court of Justice (ICJ), marks the court’s strongest stance on the Israel-Palestine conflict to date.
The ICJ’s ruling, though not legally binding, holds significant weight under international law and could potentially erode support for Israel. “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,” stated ICJ President Nawaf Salam, summarizing the findings of the 15-judge panel.
The court outlined that Israel’s responsibilities include paying restitution for damages and evacuating all settlers from the existing settlements. In response, Israel’s foreign ministry dismissed the opinion as “fundamentally wrong” and biased, reiterating its belief that a political resolution can only be achieved through negotiations.
“The Jewish nation cannot be an occupier in its own land,” declared Israeli Prime Minister Benjamin Netanyahu’s office. The ICJ’s opinion sparked outrage among West Bank settlers and politicians like Finance Minister Bezalel Smotrich, who advocates for the formal annexation of the West Bank.
Israel Gantz, head of the Binyamin Regional Council, one of the largest settler councils, criticized the ICJ opinion as being “contrary to the Bible, morality, and international law.”
The ICJ also asserted that the U.N. Security Council, the General Assembly, and all states have a duty not to recognize the occupation as legal nor “render aid or assistance” to maintain Israel’s presence in the occupied territories. The United States, Israel’s largest military ally, faces pressure as the Palestinian Authority’s role diminishes in the West Bank.
The Palestinian Foreign Ministry hailed the opinion as “historic,” urging nations to comply with it. “No aid. No assistance. No complicity. No money, no arms, no trade… no actions of any kind to support Israel’s illegal occupation,” stated Palestinian envoy Riyad al-Maliki outside the court.
This case originated from a 2022 U.N. General Assembly request for a legal opinion, predating the October Gaza conflict. Israel seized the West Bank, Gaza Strip, and East Jerusalem during the 1967 Middle East war and has since expanded settlements in the West Bank. While Israeli leaders claim these territories are not legally occupied due to their disputed status, the United Nations and most of the global community view them as occupied territory.
In February, over 50 states presented their views to the ICJ. Palestinian representatives urged the court to mandate Israel’s withdrawal from all occupied areas and dismantle illegal settlements. Israel, though absent from the oral hearings, submitted a written statement cautioning that an advisory opinion would hinder conflict resolution efforts.
The majority of participating states supported the court’s finding of the occupation’s illegality. However, countries like Canada and Britain opposed the issuance of an advisory opinion. The United States advocated against an unconditional withdrawal of Israeli forces, stressing the need for negotiations towards a two-state solution based on a “land for peace” principle.
In 2004, the ICJ ruled that an Israeli separation barrier around most of the West Bank was illegal and that Israeli settlements breached international law. Israel dismissed that ruling.
Source: Reuters
