Israel is unlawful occupying power, ICJ in landmark ruling
The International Court of Justice (ICJ) in a landmark ruling Friday July 19, 2024 said Israel is an occupying power which has unlawfully occupied the Palestinian land that must end earlier than later
The Hague: The International Court of Justice (ICJ) in a landmark ruling Friday July 19, 2024 said Israel is an occupying power which has unlawfully occupied the Palestinian land that must end earlier than later.
The UN Court also said the Palestinians living under the foreign occupation have right to self-determination.
“The West Bank and East Jerusalem are occupied territories in which Israel has status of occupying Power”, the International Court of Justice said in 83-page ruling which it called is an “advisory opinion”.
“With regard to the Court’s finding that Israel’s continued presence in the Occupied Palestinian Territory is illegal, the Court considers that such presence constitutes a wrongful act entailing its international responsibility.”
“It is a wrongful act of a continuing character which has been brought about by Israel’s violations, through its policies and practices, of the prohibition on the acquisition of territory by force and the right to self-determination of the Palestinian people.”
“Consequently, Israel has an obligation to bring an end to its presence in the Occupied Palestinian Territory as rapidly as possible”, the ICJ said.
ICJ Ruling Background
The UN’s highest legal body for hearing disputes between states issued its advisory opinion Friday in response to a 2022 request from the General Assembly.
This case is separate from South Africa’s genocide case against Israel, which has led to previous damning interim rulings by the International Court of Justice that Israel has so far ignored.
The ICJ in its ruling also said that the Israeli settlements are maintained in violation of international law.
“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 ICJ said.
The court also ruled that Israel “systematically discriminates” against Palestinians and that its occupation is de facto annexation. It also ruled that Israel has abused its status as the occupying power in the West Bank and east Jerusalem by annexing territory, imposing permanent control and building settlements.
Its opinion said that Israel should pay reparations to Palestinians for damages caused by the occupation and that the UN security council, the General Assembly and all nations have an obligation not to recognize the occupation as legal and not to give aid or support to maintaining it.
‘Triumph for justice’
The Palestinian presidency has “warmly welcomed” the ICJ opinion, calling it a “triumph for justice, affirming that the Israeli occupation is illegal”.
“The presidency viewed the ICJ decision as a reaffirmation of the Palestinian people’s right to self-determination, their land, and their statehood,” it said.
“The presidency emphasised that amidst the ongoing Israeli aggression and genocide against our people in Gaza and the West Bank, including Jerusalem, the ICJ ruling renews hope among our people for a future free from colonisation, on the path to achieving their absolute and non-negotiable right to self-determination and liberation.”
However, Israeli Prime Minister Benjamin Netanyahu remained defiant after the ICJ opinion, refusing to recognise occupied Palestinian territory.
“The Jewish people are not conquerors in their own land – neither in our eternal capital Jerusalem nor in the land of our ancestors in Judea and Samaria,” he said in a post on X, referring to the occupied West Bank using its Israeli name.
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