ICJ advisory opinion: Israeli occupation of Palestinian territories declared illegal
In a landmark advisory opinion delivered on Friday, the International Court of Justice (ICJ) declared Israel’s occupation of Palestinian territories, including settlements, as illegal under international law. This pronouncement marks the strongest stance taken by the ICJ on the longstanding Israel-Palestinian conflict.
President Nawaf Salam, speaking on behalf of a 15-judge panel, affirmed that Israeli settlements in the West Bank and East Jerusalem violate international law. The court’s findings emphasized Israel’s obligation to withdraw from these areas and called for the evacuation of all settlers.
Reacting swiftly to the ICJ’s opinion, Israel’s foreign ministry denounced the decision as “fundamentally wrong” and reiterated its stance that a resolution to the conflict must be reached through negotiations rather than legal pronouncements.
Israeli Prime Minister Benjamin Netanyahu’s office echoed this sentiment, stating, “The Jewish nation cannot be an occupier in its own land.”
The ICJ’s advisory opinion drew strong reactions from various quarters within Israel, including West Bank settlers and politicians like Finance Minister Bezalel Smotrich, who rejected the ruling and advocated for the formal annexation of the West Bank.
The opinion also underscored broader implications for international relations, asserting that the United Nations Security Council, General Assembly, and all states have a duty not to recognize the legality of Israel’s occupation nor to provide any form of support for its presence in the occupied territories.
Palestinian officials welcomed the ICJ’s ruling as “historic” and called upon states to adhere to its directives. Palestinian Foreign Minister Riyad al-Maliki emphasized a stance of non-complicity, urging against aid, assistance, or any actions that could support Israel’s continued occupation.
The case before the ICJ stemmed from a 2022 request for a legal opinion by the U.N. General Assembly, predating the recent conflict in Gaza. It revolves around Israel’s capture of the West Bank, Gaza Strip, and East Jerusalem in the 1967 Middle East war, territories which Palestinians seek for their future state.
Israel has consistently argued that these territories are not legally occupied but rather disputed lands. However, the ICJ’s opinion aligns with the view held by the majority of the international community, which regards these areas as occupied territory.
During the proceedings, over 50 states presented their views, with Palestinian representatives advocating for Israel’s complete withdrawal from occupied areas and the dismantling of settlements. In contrast, Israel chose not to participate in oral hearings but submitted a written statement cautioning against an advisory opinion that could undermine efforts towards a negotiated two-state solution.
This latest advisory opinion from the ICJ echoes its 2004 ruling, which declared Israel’s separation barrier and settlements illegal under international law. Despite objections from Israel and its allies, the ICJ’s findings are expected to influence international discourse and actions concerning the Israeli-Palestinian conflict moving forward.
