"Illegal, Must End": International Court on Israel's Occupation of Palestinian Territory
The International Court of Justice (ICJ) has issued an advisory opinion declaring Israel’s ongoing occupation of Palestinian territories, including East Jerusalem, as “illegal” and urged an end to it “as rapidly as possible.” The ICJ highlighted that Israel’s settlement policies and resource exploitation in these regions violate international law.
The ICJ emphasized Israel must make reparations for the damages caused by its occupation, focusing on the construction and expansion of settlements in the West Bank and East Jerusalem. The court found Israel’s transfer of settlers to these areas and its maintenance of control breach Article 49 of the Fourth Geneva Convention. Furthermore, Israel’s use of natural resources in the occupied territories was deemed inconsistent with its obligations as an occupying power.
The ICJ stated Israel’s presence in these territories is a “wrongful act” violating the prohibition on acquiring territory by force and the Palestinian right to self-determination. It called for an end to this presence and urged all states not to recognize the situation as legal or aid in maintaining it. The ICJ also stressed the need for compliance with international humanitarian and human rights laws.
The court’s opinion directs the UN General Assembly and Security Council to determine further actions to end Israel’s illegal presence. It also noted that the realization of Palestinian self-determination and the establishment of an independent state would contribute to regional stability and security.
This is what the court said:
“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. As the Court affirmed in its Wall Advisory Opinion, the obligation of a State responsible for an internationally wrongful act to put an end to that act is well established in general international law, and the Court has on a number of occasions confirmed the existence of that obligation.”
“The Court emphasizes that the obligations flowing from Israel’s internationally wrongful acts do not release it from its continuing duty to perform the international obligations which its conduct is in breach of. Specifically, Israel remains bound to comply with its obligation to respect the right of the Palestinian people to self-determination and its obligations under international humanitarian law and international human rights law.”
“The Court considers that, in view of the character and importance of the rights and obligations involved, all States are under an obligation not to recognize as legal the situation arising from the unlawful presence of Israel in the Occupied Palestinian Territory. They are also under an obligation not to render aid or assistance in maintaining the situation created by Israel’s illegal presence in the Occupied Palestinian Territory. It is for all States, while respecting the Charter of the United Nations and international law, to ensure that any impediment resulting from the illegal presence of Israel in the Occupied Palestinian Territory to the exercise of the Palestinian people of its right to self-determination is brought to an end. In addition, all the States parties to the Fourth Geneva Convention have the obligation, while respecting the Charter of the United Nations and international law, to ensure compliance by Israel with international humanitarian law as embodied in that Convention.”
“In view of the character and importance of the obligations erga omnes involved in the illegal presence of Israel in the Occupied Palestinian Territory, the obligation not to recognize as legal the situation arising from the unlawful presence of Israel in the Occupied Palestinian Territory and the obligation to distinguish in their dealings with Israel between the territory of Israel and the Occupied Palestinian Territory apply also to the United Nations.”
“Finally, the Court is of the view that the precise modalities to bring to an end Israel’s unlawful presence in the Occupied Palestinian Territory is a matter to be dealt with by the General Assembly, which requested this opinion, as well as the Security Council. Therefore, it is for the General Assembly and the Security Council to consider what further action is required to put an end to the illegal presence of Israel, taking into account the present Advisory Opinion.”
“The Court also considers that the realization of the right of the Palestinian people to self-determination, including its right to an independent and sovereign State, living side by side in peace with the State of Israel within secure and recognized borders for both States, as envisaged in resolutions of the Security Council and General Assembly, would contribute to regional stability and the security of all States in the Middle East.”
