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The International Court of Justice (ICJ) ruled on Friday, July 19, 2024, that “Unlawful“Israel’s occupation of Palestinian territory.
The Court concluded that Israel’s policies and practices were contrary to international law and stressed that the maintenance of those policies and practices constituted a continuing wrongful conduct for which Israel bore international responsibility.
The court also concluded that Israel’s continued presence in the Occupied Palestinian Territory is illegal and held the country to bear international responsibility, noting that Israel is obliged to end its presence in the Occupied Palestinian Territory as soon as possible, within a deadline, and to immediately cease any further colonization activities.
The ICJ added that Israel must also repeal all laws and measures that create or maintain an illegal situation, including laws and measures that discriminate against the Palestinian people in the Occupied Palestinian Territory, as well as any measures aimed at changing the demographic composition of certain areas of the territory.
Israel is also called upon to make full reparation, including restitution, compensation or satisfaction, to all natural or legal persons concerned for the damage caused by its internationally wrongful acts.
The Court noted that restitution includes Israel’s obligation to return land and other real estate, as well as all assets confiscated from any natural or legal person since the 1967 occupation, and all property and buildings seized from Palestinian cultural assets and their institutions, including archives and documents. It also requires the evacuation of all settlers in existing settlements, the dismantling of parts of the separation wall built by Israel in the Occupied Palestinian Territory, and that all Palestinians displaced during the occupation be able to return to their original places of residence.
The Court further stressed that the obligations arising from Israel’s internationally wrongful acts do not relieve it from its continuing obligation to comply with the international obligations violated by its acts. In particular, Israel remains under the obligation to respect the right of the Palestinian people to self-determination and its obligations under international humanitarian law and international human rights law.
Furthermore, the Court held that, having regard to the nature and importance of the rights and obligations in question, all States should refrain from recognizing as lawful the situation created by Israel’s illegal presence in the Palestinian territories. They were also required to refrain from rendering aid or assistance in maintaining the situation created by that presence.
All States must ensure, in accordance with the Charter of the United Nations and international law, that Israel’s illegal presence in the Occupied Palestinian Territory does not create any obstacle to the exercise of the right of the Palestinian people to self-determination. In addition, all High Contracting Parties to the Fourth Geneva Convention have an obligation, in accordance with the Charter of the United Nations and international law, to ensure that Israel respects international humanitarian law as set out in that Convention.
In a statement, Judge Nawaf Salam, President of the International Court of Justice, said he agreed with the conclusions reached by the Court in this advisory opinion and the reasoning behind them.
His statement examined Israel’s discriminatory laws and measures in the occupied Palestinian territories, indicating that they constituted the elements of a crime “apartheidThe president of the International Court of Justice said Israel had committed numerous inhumane acts in the occupied Palestinian territories, and the opinion made it clear that this was part of a regime of systematic oppression and institutionalized domination.
Turning to the obligations of all States and the United Nations in relation to Israel’s violations of peremptory norms and erga omnes obligations in the Occupied Palestinian Territory, the Declaration stressed their obligation to take concrete and effective measures.
The judge noted that for the states, this means that “Go beyond simple diplomatic protests and refrain from providing any unconditional financial, economic, military or technical assistance to the State of Israel and, as appropriate, suppress these violations in accordance with the relevant treaties to which it is a party”.
With regard to the United Nations and its organs and agencies, Mr. Salam recalled all Security Council resolutions that have remained ineffective to date, inviting them to adopt new concrete and appropriate measures to put an end to this situation without delay and in accordance with a clear timetable, when it is settled.
He also stressed that the end of the illegal occupation cannot depend on the success of negotiations with Israel because “This amounts to giving the occupying Power a veto and the right to prolong these violations as it wishes.”.
On December 30, 2022, the United Nations General Assembly adopted resolution A/RES/77/247, requesting the International Court of Justice to provide an advisory opinion on “Israeli practices violating the human rights of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem.”
The United Nations’ highest court held hearings from February 19 to 26 on the consequences of Israel’s long-term occupation of Palestine.
Slim Laghmani, professor of international law at the University of Tunis, was appointed Plea In the context of this opinion, proceedings were brought before the International Court of Justice.
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