ICJ Declares Israel’s Presence in Occupied Palestinian Territory Unlawful; Israel Rejects Ruling
UN and International Community Urged to Take Action Against Israel's Prolonged Occupation.
“Advisory Opinion Calls for Immediate End to Israeli Settlements and Evacuation of Settlers”
The Hague – In a landmark advisory opinion, the International Court of Justice (ICJ) declared Israel’s continued presence in the Occupied Palestinian Territory, including East Jerusalem, as unlawful. The opinion, requested by the United Nations General Assembly, emphasized that all states are obligated not to recognize the decades-long occupation.
ICJ Advisory Opinion
The advisory opinion from the ICJ, although non-binding, holds significant moral and political weight. It concluded that Israel must end its unlawful occupation as quickly as possible. The court also mandated Israel to halt all new settlement activities immediately and evacuate all settlers from the occupied territories. Additionally, Israel was ordered to make reparations for damages caused to all affected natural and legal persons in the Occupied Palestinian Territory.
Obligations for States and International Organizations
The ICJ’s opinion outlined obligations not only for Israel but also for the international community. All states are required not to recognize the legality of Israel’s occupation and are forbidden from aiding or assisting in maintaining this situation. International organizations, particularly the UN, are also under an obligation not to recognize the occupation as lawful. The ICJ urged the UN General Assembly and the Security Council to consider further actions to expedite the end of Israel’s unlawful presence in the occupied territories.
UN Secretary-General’s Response
Following the issuance of the ICJ opinion, UN Secretary-General António Guterres reiterated the call for a political resolution to the conflict. Emphasizing the vision of two states—Israel and a fully independent, democratic, viable, and sovereign Palestinian state living side by side in peace—Guterres stressed the importance of re-engagement on the political path. He stated that the advisory opinion would be promptly transmitted to the General Assembly for further consideration.
Israel’s Rejection of the Opinion
In response to the ICJ’s opinion, Israel’s Foreign Ministry dismissed it as “fundamentally wrong” and “blatantly one-sided.” The Israeli foriegn ministry’s spokesperson Oren Marmorstein said “The Court’s opinion is fundamentally wrong. It mixes politics and law. It injects the politics of the corridors of the UN in New York into the courtrooms of the ICJ in The Hague. The opinion ignores the atrocities that took place on October 7, as well as the security imperative of Israel to defend its territory and its citizens,” said Oren Marmorstein. “Peace can only be achieved through direct negotiations between the parties, and the Palestinian Authority will not be able to evade this reality by turning to international tribunals.“
Background of the Conflict
The Israeli-Palestinian conflict has been ongoing since the mid-20th century, with key flashpoints including the 1967 Six-Day War, during which Israel captured the West Bank, Gaza Strip, and East Jerusalem. These areas are referred to as the Occupied Palestinian Territory. Israel’s continued settlement activities and military presence in these areas have been a point of contention, with Palestinians seeking statehood and self-determination.
Implications and Background of ICJ’s Advisory Opinion
The ICJ’s advisory opinion was sought following a resolution adopted by the General Assembly in December 2022. The opinion sought to address the legal consequences of Israel’s policies and practices in the occupied territories, including the prolonged occupation, settlement activities, and measures affecting Jerusalem’s demographic composition. The opinion highlighted the ongoing violation of the Palestinian people’s right to self-determination and called for immediate remedial actions.
The advisory opinion from the ICJ is expected to influence international policies and actions regarding the Israeli-Palestinian conflict, potentially increasing diplomatic pressure on Israel to comply with international law and end its occupation.
