The United Nations’ highest judicial body, the International Court of Justice (ICJ), delivered a landmark advisory opinion on Friday, declaring Israel’s occupation of Palestinian territories, including its settlements, illegal under international law. This ruling is the court’s most definitive stance on the Israel-Palestinian conflict to date.
In a decisive statement, ICJ President Nawaf Salam articulated the court’s findings, stating, “Israeli settlements in the West Bank and East Jerusalem, and the regime associated with them, have been established and are being maintained in violation of international law.” The 15-judge panel further asserted that Israel must withdraw from these territories immediately and pay restitution for the harm caused.
While the ICJ’s advisory opinions are not legally binding, they carry significant weight in international law and can influence global perspectives and policies. This latest opinion is expected to weaken international support for Israel’s settlement policies.
Swift Israeli Rejection
Israel’s foreign ministry quickly denounced the ICJ’s opinion as “fundamentally wrong” and biased, reiterating its stance that a political resolution can only be achieved through direct negotiations. Israeli Prime Minister Benjamin Netanyahu’s office emphasized, “The Jewish nation cannot be an occupier in its own land.”
The ruling has also sparked outrage among West Bank settlers and nationalist politicians. Finance Minister Bezalel Smotrich, a prominent figure in the settler movement, responded on social media platform X, calling for the formal annexation of the West Bank. Israel Gantz, head of the Binyamin Regional Council, criticized the ruling as “contrary to the Bible, morality, and international law.”
International and Palestinian Reactions
The ICJ’s opinion also places obligations on the U.N. Security Council, the General Assembly, and all member states to avoid recognizing the occupation as legal or providing any assistance to maintain Israel’s presence in the occupied territories. This pronouncement challenges the United States, Israel’s most significant military ally and supporter.
The Palestinian Foreign Ministry hailed the opinion as “historic,” urging nations to comply by halting any support for Israel’s occupation. Palestinian envoy Riyad al-Maliki declared outside the court in The Hague, “No aid. No assistance. No complicity. No money, no arms, no trade…no actions of any kind to support Israel’s illegal occupation.”
Historical Context and Legal Proceedings
The case originated from a 2022 request by the U.N. General Assembly for a legal opinion, preceding the current conflict in Gaza that began in October. Israel seized the West Bank, Gaza Strip, and East Jerusalem during the 1967 Middle East war, territories the Palestinians claim for a future state. Israel’s continued expansion of settlements in these areas has drawn widespread international condemnation.
During the court proceedings in February, over 50 states presented their views. Palestinian representatives urged the court to demand Israel’s withdrawal from all occupied territories and the dismantling of illegal settlements. Israel, abstaining from oral hearings, submitted a written statement warning that an advisory opinion could impede peace efforts.
Most participating states supported the court’s finding that the occupation is illegal. However, a few, including Canada and Britain, recommended against issuing an advisory opinion. The United States advocated for the court to refrain from demanding an unconditional Israeli withdrawal, emphasizing that such a decision could undermine negotiations aimed at achieving a two-state solution based on the “land for peace” principle.
Previous Rulings
This latest ruling echoes a 2004 ICJ advisory opinion that deemed an Israeli separation barrier around the West Bank illegal and the settlements as violations of international law. Israel dismissed that ruling, and it remains to be seen how the Israeli government will respond to the current opinion.
As the international community grapples with the implications of the ICJ’s findings, the enduring conflict between Israel and Palestine continues to pose profound challenges to peace and stability in the region.
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