The UN’s highest court ruled on Friday that Israel’s occupation of Palestinian territory since 1967 was “illegal” and should end “as soon as possible,” a decision the Palestinians hailed as “historic” and Israel condemned as “mendacious.”
Some 50 states presented arguments in the unprecedented case. The opinion by the International Court of Justice (ICJ), based in The Hague, is not legally binding but might intensify growing international legal pressure on Israel concerning the conflict in the Gaza Strip.
On December 31, 2022, the United Nations General Assembly adopted a resolution requesting an “advisory opinion” from the ICJ on “the legal consequences arising from the policies and practices of Israel in the Occupied Palestinian Territories, including East Jerusalem.”
This specifically addressed the “prolonged occupation” of Palestinian territories since 1967.
On Friday, “the Court found that Israel’s continued presence in the Palestinian Territories was illegal,” announced International Court of Justice Presiding Judge Nawaf Salam.
“The State of Israel has an obligation to end its illegal presence in the Occupied Palestinian Territories as soon as possible,” he continued.
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The ICJ further stated that Israel was “under an obligation to immediately cease all new settlement activities and to evacuate all settlers” from the occupied lands.
The Palestinian Authority presidency dubbed the opinion “historic.”
This decision represents “a victory,” the authority welcomed in a press release, urging Israel to “put an end to the occupation” and the “colonies.”
“This is a great day for Palestine,” Varsen Aghabekian Chahine, the Palestinian Authority’s Minister Delegate for Foreign Affairs, told AFP.
Israeli Prime Minister Benjamin Netanyahu dismissed the decision as “deceitful.”
“Jews are not occupiers on their own land,” he insisted. “No lying decision in The Hague can distort the historical truth” and “the legality of Israeli settlements” “cannot be contested,”
In June 1967, during the Six-Day War, Israel captured the West Bank and East Jerusalem from Jordan, the Golan Heights from Syria, and the Gaza Strip and the Sinai Peninsula from Egypt.
Israel subsequently began occupying the 70,000 square kilometers of seized Arab territory, an occupation later declared illegal by the United Nations.
Most speakers at hearings in February called for Israel to end the occupation that followed the Six-Day War, and some warned that a prolonged occupation posed “extreme danger” to stability in the Middle East and beyond.
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South Africa’s ambassador to the Netherlands told judges that Israel’s policies in the Palestinian territories were an “even more extreme” form of the apartheid South Africa experienced before 1994.
But Washington has defended its ally, saying Israel should not be legally compelled to withdraw without taking into account its “very real security needs.”
Israel is not participating in the hearings but has submitted a written submission calling the questions posed to the ICJ “prejudicial” and “tendentious.”
The hearings are separate from a case brought to the International Court of Justice by South Africa, which accuses Israel of committing genocidal acts in the Gaza Strip.
In January, the court called on the country to avoid any possible act of genocide in the small Palestinian territory. In May, it ordered Israel to halt its military offensive in Rafah.
Challenge (with AFP)
International Court of Justice Rules Israel’s Occupation of Palestinian Territories Illegal
The International Court of Justice (ICJ), the United Nations’ highest court, delivered a landmark ruling on Friday, declaring Israel’s occupation of Palestinian territories since 1967 “illegal” and demanding its end “as soon as possible.” The decision, hailed as “historic” by Palestinians, was met with fierce condemnation from Israel, which labeled it “mendacious.”
A Historic Ruling in The Hague
The ICJ’s advisory opinion, based on a request from the UN General Assembly in December 2022, stems from a case that saw over 50 states present their arguments. While not legally binding, the decision carries significant weight, bolstering international legal pressure on Israel regarding its actions in the occupied territories.
The court’s pronouncements were clear: Israel’s continued presence in the West Bank, East Jerusalem, and the Gaza Strip constitutes an illegal occupation. The ICJ further demanded that Israel cease all new settlement activities and evacuate all settlers from the occupied lands immediately.
Palestinian Authority Applauds “Victory”
The Palestinian Authority responded with jubilation, labeling the ruling a “victory” and calling upon Israel to “put an end to the occupation” and dismantle its “colonies.” The PA’s Minister Delegate for Foreign Affairs, Varsen Aghabekian Chahine, declared “This is a great day for Palestine.”
Netanyahu Denounces Ruling as “Deceitful”
Israeli Prime Minister Benjamin Netanyahu vehemently rejected the ICJ’s decision, denouncing it as “deceitful.” “Jews are not occupiers on their own land,” Netanyahu asserted, arguing that “no lying decision in The Hague can distort the historical truth” and that “the legality of Israeli settlements” is “uncontested.”
Roots of the Conflict: The Six-Day War and its Aftermath
The current conflict’s origins lie in the 1967 Six-Day War, during which Israel captured the West Bank and East Jerusalem from Jordan, the Golan Heights from Syria, and the Gaza Strip and the Sinai Peninsula from Egypt. This led to Israel’s occupation of over 70,000 square kilometers of Arab territory, a move later deemed illegal by the United Nations.
Throughout the years, international calls for an end to the occupation intensified, spurred by concerns regarding its implications for regional stability and the Palestinian people’s human rights. Many states, including South Africa, which compared Israel’s policies to apartheid, argued for a swift end to the occupation.
International Community’s Divided Response
The international community responded to the ICJ’s ruling with a mix of reactions. While many states, particularly those with a history of supporting Palestinian rights, endorsed the court’s decision, some, notably the United States, expressed reservations.
Washington, long a staunch ally of Israel, defended its position, arguing that Israel’s “very real security needs” should be considered before imposing any legal compulsion to withdraw from the occupied territories.
Israel’s Rejection and Continued Defense of Settlements
Israel, steadfast in its opposition to the ruling, has consistently maintained that its presence in the occupied territories, particularly its West Bank settlements, is legal. The country has argued that its settlements are built on biblically and historically Jewish land and that their existence is vital for ensuring Israel’s security.
A Continued Chapter in the Israeli-Palestinian Conflict
The ICJ’s ruling, while significant, is unlikely to be the final word in the ongoing Israeli-Palestinian conflict. The decision is expected to fuel further tensions and complicate the already fragile peace process.
The international community’s response, the Israeli government’s reaction, and the future of the occupied territories remain crucial factors in determining the trajectory of the conflict in the years to come.
