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The United Nations’ top court ruled on Friday that Israel’s presence in the occupied Palestinian territories is illegal and called for an end to the occupation, citing Israel’s construction and expansion of settlements in the West Bank and East Jerusalem, its annexation and establishment of permanent control over land and discriminatory policies against Palestinians.
The International Court of Justice has issued its first ruling on the legality of Israel’s 57-year occupation of Palestinian territory, a decision that may have a greater impact on international opinion than on Israeli policy.
The court’s jury of 15 judges from around the world said Israel was abusing its status as the occupying power in the West Bank and East Jerusalem to pursue a policy of annexing territory, imposing permanent control and building settlements.
The court said such actions make Israel’s presence in the occupied Palestinian territories illegal, their continued presence is also unlawful and should be ended as soon as possible.
Israel, which generally considers the UN and the International Court of Justice to be unfair and one-sided, did not send a legal team to the hearing, according to the Associated Press. Israel submitted written comments saying the questions asked by the court were biased, did not address Israel’s security concerns, and did not recognize Israel’s rights and obligations to protect its citizens.
Israeli officials said the court’s intervention could harm the peace process, which has been stalled for more than a decade.
In a position read out by its president, Nanaf Salam, the court held that “the transfer of settlers by Israel to the West Bank and Jerusalem, as well as the maintenance of their presence by Israel, constitute a violation of Article 49 of the Fourth Geneva Convention”. The court also expressed “grave concern” about the expansion of Israel’s settlement policy.
The Court also found that Israel’s use of natural resources violated its obligations under international law as an occupying Power.
Friday’s decision comes against the backdrop of Israel’s devastating 10-month military offensive against Gaza, sparked by a Hamas-led assault in southern Israel. In a separate case, the International Court of Justice is examining a South African allegation that Israel’s actions in Gaza amount to genocide, a charge Israel vehemently denies.
Israel captured the West Bank, east Jerusalem and the Gaza Strip in the 1967 Middle East war. Palestinians claim all three territories as independent states.
Israel considers the West Bank a disputed territory whose future must be decided through negotiations, and it has resettled the population there to strengthen its control. In 2005, it withdrew from Gaza and annexed East Jerusalem, a move not recognized by the international community, but has maintained a blockade of the territory after Hamas took power in 2007. The international community generally considers all three areas to be occupied territories.
At a hearing in February, then-Palestinian Foreign Minister Riad Malki accused Israel of practicing apartheid and asked the UN’s top court to declare Israel’s occupation of Palestinian-claimed land illegal and to end immediately and unconditionally.
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