Israel is a rogue, lawless state – Nabil Fahmi

It is no secret to any objective researcher or practitioner of conflict resolution and the Palestinian issue that respect for international law is not a priority or even a concern of the Israeli state, and what has emerged recently is a clear display of arrogance and total disregard for the international community’s response to its violations.

I firmly believe that Israel is a rogue state that has transcended all legal bases and principles, and that it is time to seriously deal with this shameful issue through a strong and clear stance taken by the international community and at the level of individual countries.

I therefore strongly welcome the recent publication of the International Court of Justice, as it reflects a clear interpretation of the legal position on Israel’s actions and, given the clarity of the content published by the Court, is not limited to content related to Israel’s actions, but also sets out the requirements of the countries of the international community for Israel’s violations.

The International Court of Justice recently delivered a very important and powerful advisory opinion on Israeli practices in the Occupied Palestinian Territory, answering two questions on the legal consequences of the continued violation of the right of the Palestinian people to self-determination, and on the impact of Israeli practices on the legal status of the occupation, which were submitted to the Court pursuant to a decision taken by a majority of the Members of the United Nations General Assembly, with the participation of more than fifty States and organizations in writing.

The Court’s opinion was clear and reiterated clear positions, including that Israel’s presence in the occupied territories is considered illegal and that Israel’s occupation must end as soon as possible.

Israel’s practices in the occupied territories are considered to be violations of relevant international law related to its status as an occupying power, and Israel is held accountable for its violations and practices and must provide compensation for the damage caused by its practices.

The Court also stressed that States and international organizations must refrain from recognizing any legal situation resulting from Israel’s illegal presence in the Palestinian territories and must take into account the illegality of Israel’s actions and all the consequences arising therefrom when dealing with the occupied territories.

The Court rendered its opinion in detail and with precision, based on the rules of international law, in particular on the fact that Israeli practices and legislation seek to stabilize the occupation and grant it a permanent status, in violation of international law, as well as denying the Palestinians the exercise of their equal rights, in particular the right to self-determination, similar to the fate of peoples around the world.

She believes that the Security Council and the General Assembly have a responsibility to speed up the establishment of mechanisms to end conflict and occupation.

One of the Court’s key findings was that Israel must immediately halt its settlement expansion policy and remove settlers from the occupied territories.

Israel must end its occupation of the Palestinian territories, as it could not continue to prevent the Palestinian people from exercising their right to self-determination.

Many of Israel’s laws and practices relating to the occupied territories and Palestinians have no legitimate purpose and result in the occupation treating Palestinians differently, which is considered systematic racial discrimination and a violation of international law on civil, political and cultural rights.

Israel’s practices after the 1967 occupation were considered a violation of the right to self-determination

For the Palestinian people, Israel must abide by the Treaty of Sidra when exercising its authority outside its territory, noting that Israel has abandoned its obligations under the 1965 Treaty against Racial Discrimination.

The transfer of settlers to the West Bank and East Jerusalem violates Article 49 of the Geneva Convention, which prohibits the occupation authorities from deporting the population of an occupied territory or resettling its citizens there.

The prolonged occupation of Palestinian land does not change its legal status and occupation is only a temporary situation.

Israel’s duties in the occupied territories are governed by the 1959 Convention regarding the Treatment of Civilian Persons in Time of War.

The Palestinian territories are occupied territories and the judicial consequences of Israel’s illegal presence in the occupied territories will be studied.

Some may say that the Court’s findings are advisory and that they are in fact a response to the UN General Assembly’s initiative. However, I believe that the Court’s findings are extremely important, clear and comprehensive, as they confirm the illegality of the Israeli occupation’s rejection of various Israeli practices in the occupied territories, requiring the international community to consider the Palestinian territories as different lands, the Israeli situation as illegal, and requiring Israel to pay compensation for its actions. Although the Court did not discuss the situation in Gaza after the events of October 7, the above legal basis inevitably also applies to the occupation, loss and damage in the Gaza Strip.

The best words are small and good, and now is the time for Palestinian, Arab and international legal and political action based on the Court’s July 19, 2024 findings.