The International Court of Justice (ICJ) has delivered a historic opinion stating that Israel’s occupation of Palestinian territories, including the West Bank, East Jerusalem, and the Gaza Strip, violates international law.
The ICJ, based in The Hague, issued this advisory opinion following a request from the UN General Assembly. While the opinion is not legally binding, it carries significant political influence and marks the first time the ICJ has addressed the legality of the 57-year occupation.
ICJ President Nawaf Salam announced the findings, stating that “Israel’s continued presence in the Occupied Palestinian Territory is illegal.” He added that Israel must end its “unlawful presence” as quickly as possible, and highlighted that Israel’s 2005 withdrawal from Gaza did not terminate its effective control over the area.
The court’s opinion calls for the cessation of Israeli settlement activities in the West Bank and East Jerusalem and demands reparations for damages caused by the occupation. Approximately 160 settlements housing 700,000 Jews have been established in these regions since 1967, which the court deemed illegal.
The ICJ also concluded that Israeli policies amount to the annexation of large parts of the occupied territories, further asserting that Israel has no sovereign rights over these areas.
Additionally, the court condemned Israel’s restrictions on Palestinians as “systemic discrimination based on, inter alia, race, religion or ethnic origin.” It criticised Israel’s exploitation of Palestinian natural resources and violations of the right to self-determination. The court advised states to refrain from any actions, including aid, that would perpetuate the current situation.
In response, Israeli Prime Minister Benjamin Netanyahu rejected the court’s opinion, labelling it a “decision of lies.” He asserted, “The Jewish people are not occupiers in their own land – not in our eternal capital Jerusalem, nor in our ancestral heritage of Judea and Samaria (the West Bank).” Netanyahu maintained that the legality of Israeli settlements is indisputable.
Conversely, Palestinian leaders welcomed the ICJ’s findings. Hussein Al Sheikh, Secretary General of the Palestine Liberation Organisation (PLO), hailed the opinion as “a historic victory for the rights of the Palestinian people and their right to self-determination.” He urged the international community to respect the court’s decision and pressure Israel to end the occupation.
The ICJ’s opinion will now be reviewed by the UN General Assembly, which will determine the next steps, potentially including the adoption of a resolution. This decision could significantly influence future negotiations and establish the legal framework for a peaceful resolution to the Israel-Palestine conflict.
This case is separate from another ongoing ICJ case initiated by South Africa, accusing Israel of genocide against Palestinians during the Gaza conflict.
Ozioma Samuel-Ugwuezi
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