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Israeli settlements are illegal. Will it change anything?

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Israeli settlements are illegal. Will it change anything?

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It is now written in black and white: the UN’s top court has ruled that Israeli settlements in the West Bank are illegal. – An international politics expert says the only thing missing is political will.

Israeli settlers in the occupied Palestinian West Bank. The United Nations' highest court has deemed their settlements illegal.

Short version

“A wonderful day,” The Palestinian Ministry of Foreign Affairs said.

“A historic affirmation of Palestinian rights” Amnesty International wrote.

These are the so-called Advisory OpinionAdvisory OpinionEven when there are no ongoing cases to decide, the ICJ may issue opinions on matters of international law that are not binding but set precedents for future negotiations. From the International Court of Justice (ICJ).

It determined that Israel’s settlement policies and natural resource development in Palestinian areas were illegal and in violation of international law.

The International Court of Justice, the UN’s top legal body, said Israel’s 57-year occupation of the Palestinian territories was also illegal.

But whether Palestinians can celebrate properly is unclear. What does this opinion of the International Court of Justice mean?

Several questions arise following such advisory statements:

  • Will Israel abide by the court’s wishes?
  • Will other countries increase pressure on Israel?
  • Can sanctions be imposed now?

1. Will Israel change its policy?

The first thing to emphasize is that the ICJ did not render a judgment.

However, this is a so-called advisory statement. It is a non-binding indicative position or opinion on a matter of international law.

Therefore, although the court clearly found that Israel had violated international law, the statement had no direct impact on Israel.

– There is no reason to believe that Israel will change its policy as a result of the statement. Political scientist and researcher Micheline Egge Grung said the ICJ does not have its own sanctions options.

She works at Høgskolen i Innlandet, specialises in international politics and international law and is currently writing a thesis on sanctions.

She was well aware that the ICJ’s opinion itself said little. If it was to have political or practical consequences, other countries had to step in and increase the pressure.

– The only thing missing now is the political will. The legal aspects are already in place.

Micheline Egger Gron

University lecturer at the Academy of Interior Studies. She specializes in international politics, international law, causes of war and conditions of peace.

2. Will the pressure on Israel increase now?

Groen said there are actors in the world that have the opportunity to put pressure on Israel if they want to.

– Sanctions can be imposed by individual countries and institutions. She explained that the UN General Assembly could try to put pressure on Israel, but Israel has shown that they do not respond to what they mean.

However, she believes the most relevant body is the UN Security Council.

– But any proposal for sanctions will at least be blocked by the United States. As you know, they are against statements in a direction unfavorable to Israel and believe that a possible change of US president will not change this policy, Grom said.

US President Joe Biden and Israeli Prime Minister Benjamin Netanyahu are such good allies that the former cannot put pressure on the latter.

– The United States is indeed the key.

She also singled out the European Union, which she believes has demonstrated good will and ability to use sanctions in the past.

– She explained that it is not actually difficult for the EU to make a decision on sanctions, but politically it would cost them a lot.

Although some EU countries have criticized Israel, major EU countries such as Germany have greater influence.

– They have no interest in putting pressure on Israel now. It costs them both politically and economically.

3. Will Norway impose sanctions?

Independent of the United States and the European Union, Norway has every opportunity to put pressure on Israel.

On the other hand, Gron believes that governments often feel dependent on coordinating with their European colleagues before taking such measures.

– But she said the foreign minister had made clear he wanted to hold Israel to account following the Gaza war.

Israeli authorities have taken notice and said this week that Foreign Minister Espen Bart Eide (AP) Unpopular in the countryAmong other reasons, its reasons included Norway’s recognition of Palestine.

The foreign minister said Norway is constantly considering further measures against Israel but would not impose full-scale economic sanctions now.

The foreign minister told Aftenposten that Norway is continually considering further measures:

– The ICJ’s statement sends a very strong and clear message to Israel, and we hope they will comply with it immediately. The Court confirmed Norway’s long-held view that this is an illegal occupation and essentially annexation.

– Unilateral sanctions will not be imposed now

Norway is closely following the EU’s sanctions policy after the Gaza war and will also join Latest sanctions The measure was introduced this week targeting individuals associated with violent settler groups.

At the same time, we are imposing tougher and more pervasive economic sanctions on other countries, such as Russia, that violate international law.

It would be inappropriate for the Foreign Minister to impose such sanctions now:

– We believe that sanctions are most effective when they have broad international support.

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