The UN’s International Court of justice (ICJ) has ordered Israel to end its occupation of the Palestinian territories “as rapidly as possible” and make full reparations for its “internationally wrongful acts”.
In a historic, albeit non-binding, opinion, the court found multiple breaches of international law by Israel including activities that amounted to apartheid.The court has placed responsibility with all states and the United Nations to end these violations of international law.
Reading the court’s opinion on Friday, the president of the ICJ, Nawaf Salam, said:
“The court considers that the violations by Israel of the prohibition of the acquisition of territory by force and of the Palestinian people’s right to self-determination have a direct impact on the legality of the continued presence of Israel, as an occupying power, in the occupied Palestinian territory...The sustained abuse by Israel of its position as an occupying power, through annexation and an assertion of permanent control over the occupied Palestinian territory and continued frustration of the right of the Palestinian people to self-determination, violates fundamental principles of international law and renders Israel’s presence in the occupied Palestinian territory unlawful.”
The opinion was provided in response to a request from the UN General Assembly in 2022. It precedes the Gaza conflict and is not directly linked to it but will add to the pressure on Israel – and its allies – to bring an end to its military offensive, in which it has killed more than 38,000 Palestinians, according to the Gaza health ministry.
Breaches of international law identified by the court included:
Forcible evictions, extensive house demolitions and restrictions on residence and movement.
The transfer by Israel of settlers to the West Bank and East Jerusalem and maintenance of their presence.
Its failure to prevent or to punish attacks by settlers.
Restricting the access of the Palestinian population to water.
Israel’s use of the natural resources in the occupied Palestinian territory.
The extension of Israel’s law to the West Bank and East Jerusalem.
As well as ordering an end to the occupation as soon as possible, the court, which consists of 15 judges, said Israel must put an end to all unlawful acts, including ceasing all new settlement activity and repealing legislation that maintains the occupation, including that which discriminates against Palestinians or seeks to modify the demographic composition of any parts of the occupied territory
Commenting on the ruling Tirana Hassan, Human Rights Watch Executive Director said:
"In a historic ruling the International Court of Justice has found multiple and serious international law violations by Israel towards Palestinians in the Occupied Palestinian Territory, including, for the first time, finding Israel responsible for apartheid. The court has placed responsibility with all states and the United Nations to end these violations of international law. The ruling should be yet another wake up call for the United States to end its egregious policy of defending Israel’s oppression of Palestinians and prompt a thorough reassessment in other countries as well."
