The International Court of Justice (ICJ) has called on Israel to end its occupation of Palestinian territories, which it has held since 1967. The court urged Israel to halt any measures that alter these areas’ demographic or geographic status.
In its advisory opinion, the court affirmed that Palestinian territories constitute a sovereign unit that must be respected and emphasized the Palestinian people’s right to self-determination.
The ICJ also called on the international community to cooperate in implementing these demands and to stop supporting Israel as an occupying force.
The court stated that Israeli settlement policies and exploitation of natural resources in Palestinian territories violate international law. It declared that Israel’s continued presence in these territories is illegal and should end swiftly.
The court highlighted the rapid establishment of new settlements in the West Bank and insisted that Israel cease all new settlement activities.
It also expressed scepticism about the justifications for expanding Israeli law into the West Bank and Jerusalem, noting that Israel’s imposition of its authority as an occupying power conflicts with Articles 53 and 64 of the Geneva Convention.
Background of the Decision
On December 31, 2022, the United Nations General Assembly adopted a resolution requesting the ICJ to issue a non-binding “advisory opinion” on the “legal consequences arising from Israel’s policies and practices in the occupied Palestinian territories, including East Jerusalem,” concerning the prolonged occupation since 1967.
In February, the ICJ held a week-long session to hear submissions from various countries following the request, supported by most UN General Assembly members.
Most participants in the hearings held between February 19 and 26, 2024, representing 49 countries, presented their views on Israel’s occupation of Palestinian territories to the court.
The ICJ demanded that Israel end its 57-year occupation, warning that its continuation poses a severe threat to stability in the Middle East and beyond.
However, the United States argued that Israel should not be legally obliged to withdraw without considering its “very real security needs,” and the United Kingdom defended Israeli positions, requesting the court not to issue an advisory opinion.
Israel did not participate in the oral hearings, instead submitting a written statement describing the questions posed to the court as “biased” and “prejudiced” against it.
In July, the Israeli government claimed it had the “right to impose its sovereignty over the West Bank,” stating that “the Jewish people have the exclusive right to self-determination in these territories.”
Israel occupied the West Bank, including East Jerusalem and the Gaza Strip, in 1967.
International law prohibits Israel from annexing any parts of the West Bank, according to numerous UN statements in recent years.
The ICJ, as the principal judicial body of the United Nations, has two main functions: resolving legal disputes between states according to international law and providing advisory opinions on legal questions referred to it.
Recognized UN bodies may request an advisory opinion from the ICJ on matters related to international law, provided they pertain to UN activities. States cannot directly request advisory opinions from the court.
Although advisory opinions are non-binding, they are highly significant as they reflect the ICJ’s view on the issue.
Palestinian and Israeli Responses
Israeli Prime Minister Benjamin Netanyahu condemned the ICJ’s stance, calling it a “false decision,” and asserted, “The Jewish people are not occupiers of their own land, and no false decision in The Hague can change this truth.”
Netanyahu stated, “Our people are not occupiers of their own land or heritage, and no false decision in The Hague can distort this historical fact.”
Preempting the ICJ’s advisory opinion, Israel passed a resolution through the Knesset rejecting the establishment of a Palestinian state and declaring the lands west of the Jordan River as purely Palestinian territories.
The Knesset voted overwhelmingly a day before the ICJ decided against the establishment of a Palestinian state, claiming that “establishing a Palestinian state in the heart of the Land of Israel would pose an existential threat to Israel and its citizens and perpetuate the Israeli-Palestinian conflict and destabilize the region.”
In the first Palestinian response, Special Envoy Riyad al-Maliki stated that the ICJ affirmed Palestinians’ right to liberation from colonization.
Al-Maliki added that all states must fulfill their obligations not to recognize Israel’s illegal presence.
Palestinian Minister of State for Foreign Affairs Farseen Aghabikian Shahin praised the ICJ’s stance, calling it “a great day for Palestine.”
The minister told AFP, “It is the highest judicial body (in the UN) and has provided a very detailed analysis of what is happening in light of Israel’s ongoing occupation and settlement of Palestinian territories, in violation of international law.”
The ICJ’s advisory opinion comes as Israel continues its war on Gaza since October 7, which has resulted in over 128,000 Palestinian casualties, mostly children and women, and more than 10,000 missing persons.
Simultaneously, the Israeli military and settlers have intensified their attacks in the West Bank, including East Jerusalem, leading to the deaths of 576 Palestinians and injuring around 5,350, according to the Palestinian Ministry of Health.
