On January 26, 2024, The Hague, Netherlands, a judge of the International Court of Justice (ICJ) ruled on emergency measures against Israel after South Africa accused Israel’s military operations in Gaza of state-led genocide.
Piroschka Van De Wouw | Piroschka Van De Wouw Reuters
The United Nations’ top court said on Friday that Israel’s occupation of Palestinian territories and settlements is illegal and should be withdrawn as soon as possible, in the strongest ruling yet on the Israeli-Palestinian conflict.
The advisory opinion from the judges of the International Court of Justice (ICJ), known as the World Court, is non-binding but influential under international law and could undermine support for Israel.
“The establishment and maintenance of Israeli settlements in the West Bank and East Jerusalem and the regime associated with them violate international law,” President Nawaf Salam said while reading out the findings of the 15-judge panel.
The court said Israel’s obligations included compensation for damages and “the evacuation of all settlers from existing settlements.”
Israel’s Foreign Ministry reacted quickly, denying that the view was “fundamentally wrong” and one-sided, and reiterated its position that a political settlement in the region can only be achieved through negotiation.
“The Jewish people cannot be the occupiers of their own land,” Israeli Prime Minister Benjamin Netanyahu’s office said in a statement.
Members of Israeli security forces take up positions during an Israeli raid on the Nur Shams Palestinian refugee camp near the occupied West Bank city of Tulkarem on January 4, 2024.
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The view has also angered West Bank settlers as well as politicians such as Finance Minister Bezalel Smotrich, whose nationalist religious party has close ties to the settler movement and who himself lives in a West Bank settlement.
“The Hague’s answer is sovereignty now,” he posted on social media platform X, apparently calling for the formal annexation of the West Bank.
Israel Ganz, chairman of the Benjamin Regional Council, one of the largest settler councils, said the ICJ’s opinion “goes against scripture, morality and international law”.
‘No collusion’
The opinion of the International Court of Justice also held that the United Nations Security Council, the General Assembly and all states have an obligation not to recognize the legality of the occupation and to “provide aid or assistance” to maintain Israel’s presence in the occupied territories.
The United States is Israel’s largest military ally and supporter.
The Palestinian Foreign Ministry called the opinion “historic” and urged all countries to comply.
“No aid. No assistance. No collusion. No money, no weapons, no trade… No action of any kind to support Israel’s illegal occupation,” Palestinian envoy Riyad Maliki said outside the Hague court.
The case stems from a request for legal advice from the United Nations General Assembly in 2022, predating Gaza War That started in October.
Israel has built settlements in the West Bank and steadily expanded them since it captured the West Bank, Gaza and east Jerusalem – the historic Palestinian areas where Palestinians want to establish a state – in the 1967 Mideast war.
On April 19, 2024, an Israeli flag flew on the Mount of Olives, overlooking the Al-Aqsa Mosque compound and the Jerusalem city skyline. Iranian official media reported that on April 19, an explosion occurred in the central province of Isfahan.
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Israeli leaders argue that the territories are not legally occupied because they are on disputed land, but the United Nations and most of the international community consider them as such.
In February, more than 50 states present Palestinian representatives asked the court to rule that Israel must withdraw its troops from all occupied areas and dismantle illegal settlements.
Israel did not participate in the oral hearing but submitted a written statement telling the court that issuing an advisory opinion would be “harmful” to efforts to resolve the Israeli-Palestinian conflict.
Most participating countries asked the court to rule the occupation illegal, while a handful, including Canada and the United Kingdom, argued the court should refuse to provide an advisory opinion.
The United States has asked the court not to order an unconditional withdrawal of Israeli troops from the Palestinian territories.
The United States’ position is that the court should not make any ruling that could undermine negotiations to reach a two-state solution based on the “land for peace” principle.
In 2004, the International Court of Justice issued an advisory ruling that Israel’s separation wall surrounding much of the West Bank was illegal and that the establishment of Israeli settlements violated international law. Israel rejected the ruling.
