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The Hague – The United Nations’ highest court has declared Israel’s occupation of Palestinian territory and its settlements illegal and called for their immediate withdrawal. The advisory opinion issued by the International Court of Justice (ICJ) marks the court’s strongest stance yet on the Israeli-Palestinian conflict.
The ICJ ruling, while not legally binding, is significant under international law and could undermine support for Israel. “The Israeli settlements in the West Bank and East Jerusalem, and the regime associated with them, have been established and maintained in violation of international law,” said ICJ President Nawaf Salam, summarizing the findings of the 15-judge panel.
The court outlined Israel’s responsibilities, including paying compensation for damages and evacuating all settlers from existing settlements. In response, Israel’s Foreign Ministry rejected the opinion as “fundamentally wrong” and biased, and reiterated its belief that a political solution can only be achieved through negotiations.
Israeli Prime Minister Benjamin Netanyahu’s office declared: “The Jewish people cannot occupy its own land.” The ICJ ruling drew the ire of West Bank settlers and politicians, such as Finance Minister Bezalel Smotrich, who have advocated for formal annexation of the West Bank.
Israel Gantz, who heads the Benjamin Regional Council, one of the largest settler councils, criticized the ICJ ruling as “contrary to the Bible, morality and international law.”
The International Court of Justice also claimed that the UN Security Council, the UN General Assembly and all countries have a responsibility not to recognize the legality of the occupation and not to “render aid or assistance” to maintain Israel’s presence in the occupied territories. As the Palestinian Authority’s role in the West Bank gradually weakens, Israel’s largest military ally, the United States, is under pressure.
The Palestinian Foreign Ministry praised the ruling as “historic” and urged countries to abide by it. “No aid. No assistance. No complicity. No money, no weapons, no trade… no actions to support the illegal Israeli occupation,” Palestinian envoy Riad al-Maliki said outside the court.
The case stems from a request for a legal opinion from the 2022 UN General Assembly, which preceded the October conflict in Gaza. Israel occupied the West Bank, Gaza Strip and East Jerusalem during the 1967 Middle East war and has been expanding settlements in the West Bank ever since. While Israeli leaders claim the territories are not legally occupied due to their disputed status, the United Nations and most countries around the world consider them occupied.
In February, more than 50 countries presented their arguments to the International Court of Justice. Palestinian representatives urged the court to force Israel to withdraw from all occupied territories and dismantle illegal settlements. Israel, absent from the oral hearing, submitted a written statement warning that the advisory opinion would hinder efforts to resolve the conflict.
Most of the participating countries supported the court’s ruling on the illegality of the occupation. However, countries such as Canada and the United Kingdom opposed the issuance of an advisory opinion. The United States advocated against Israel’s unconditional withdrawal and stressed the need to reach a two-state solution based on the principle of “land for peace” through negotiations.
In 2004, the International Court of Justice ruled that the wall Israel was building around much of the West Bank was illegal and that Israeli settlements violated international law. Israel rejected the ruling.
Source: Reuters
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