The United Nations’ top judicial body, the International Court of Justice (ICJ), has declared that Israel’s occupation of Palestinian territories is against international law. In a landmark opinion, the ICJ stated that Israel must cease settlement activities in the occupied West Bank and East Jerusalem and end its “illegal” occupation of those areas, along with the Gaza Strip, as soon as possible.
The ICJ’s advisory opinion, though not legally binding, carries significant political weight and marks the first time the court has delivered a stance on the legality of Israel’s 57-year occupation. The ICJ, based in The Hague, Netherlands, has been examining this issue since early last year at the request of the UN General Assembly. The court was asked to assess Israel’s policies and practices towards the Palestinians and the legal status of the occupation.
Delivering the court’s findings, ICJ President Nawaf Salam declared that Israel’s continued presence in the Occupied Palestinian Territory is illegal. He stated that Israel is obligated to end its unlawful presence in these territories rapidly. Despite Israel’s withdrawal from the Gaza Strip in 2005, the court found that Israel still exercises effective control over the area, maintaining the occupation.
Furthermore, the court ruled that Israel must evacuate all settlers from the West Bank and East Jerusalem and pay reparations to Palestinians for damages caused by the occupation. Since 1967, Israel has constructed approximately 160 settlements housing about 700,000 Jews in these areas. The ICJ declared these settlements illegal, a claim Israel has consistently disputed.
The ICJ’s opinion also included that Israel’s policies and practices amount to the annexation of large parts of the Occupied Palestinian Territory, which is against international law. It emphasized that Israel is not entitled to sovereignty over any part of these territories. Israel claims sovereignty over the entire city of Jerusalem, including the eastern half captured in the 1967 Middle East war, considering it its indivisible capital, a stance not accepted by the majority of the international community.
The court further concluded that Israeli restrictions on Palestinians in the occupied territories constitute systemic discrimination based on race, religion, or ethnic origin. It also found that Israel had illegally exploited Palestinian natural resources and violated their right to self-determination. The court advised other states to avoid actions, including providing aid or assistance, that would maintain the current situation.
Israeli Prime Minister Benjamin Netanyahu swiftly rejected the court’s findings, describing them as a “decision of lies.” He asserted that the Jewish people are not occupiers in their own land, including Jerusalem and the West Bank, referring to it as Judea and Samaria. Netanyahu stated that no decision from The Hague would distort this historical truth or dispute the legality of Israeli settlements in all parts of their homeland.
In contrast, the Palestinians welcomed the court’s findings. Hussein Al Sheikh, secretary general of the Palestine Liberation Organisation (PLO), hailed it as a historic victory for Palestinian rights and their right to self-determination. He called it a defeat of the Judaization project involving confiscation, settlement, displacement, and racist practices against the Palestinian people. Al Sheikh urged the international community to respect the opinion of international justice and compel Israel to end its occupation of Palestinian territories.
The ICJ’s findings will now be presented to the UN General Assembly, which will decide how to respond, including the possibility of adopting a resolution. Such a resolution could be significant, potentially serving as a catalyst for negotiations and setting the legal parameters for a future negotiated settlement.
This case is separate from another active case brought to the ICJ by South Africa, accusing Israel of committing genocide against the Palestinians in the Gaza conflict.
