International Court of Justice: “Israel must end its occupation as quickly as possible”

The International Court of Justice stated in its advisory opinion today regarding the legal consequences of Israel’s occupation of Palestinian territories and its practices in these territories that “Israel’s occupation of Palestinian territories is unlawful and should be terminated as soon as possible.”

The International Court of Justice (ICJ) announced its advisory opinion on the legal consequences of Israel’s occupation of Palestinian territories and its practices in these territories within the framework of the request submitted by the United Nations General Assembly in December 2022. ICJ President Nevaf Selam, who revealed the findings of the court composed of 15 judges in The Hague, Netherlands, stated at the beginning of his speech that the advisory opinion regarding Israel’s occupation of Palestinian territories was within the court’s jurisdiction. Selam announced that the requests of Israel and some countries for the court to refrain from giving an opinion on this matter were rejected. In the advisory opinion, which defined Israel as an “occupying power,” Selam emphasized that the West Bank, East Jerusalem, and the Gaza Strip should not be considered as separate pieces of land but should be evaluated as a whole.

“It has determined that these practices amount to the annexation of Palestinian territories”

The statement emphasized that Israel’s settlement activities in the occupied Palestinian territories are contrary to international law, stating, “The court has found that Israel’s settlement policy violates the provision in paragraph 6 of Article 49 of the Fourth Geneva Convention, which states that ‘the occupying power shall not transfer or deport parts of its own civilian population into the territory it occupies.'” Selam, while reading the ICJ’s advisory opinion, stated that Israel’s exploitation of the natural resources in the Palestinian territories also constitutes a violation of international law. He said, “Israel’s policies and practices, including the protection and expansion of settlement areas, the construction of related infrastructure and walls, the exploitation of natural resources, the declaration of Jerusalem as the capital of Israel, and the extensive application of its local laws especially in East Jerusalem and Area C of the West Bank reinforce Israel’s control over the occupied Palestinian territories. These policies and practices are designed to continue indefinitely and aim to cause irreversible effects on the ground. Therefore, the court has determined that these policies and practices amount to the annexation of a significant portion of the occupied Palestinian territories.”

“The Palestinian people have been deprived of their right to self-determination”

Selam stated, “In light of the analyses conducted, the court has reached the conclusion that the long-term nature of Israel’s unlawful policies and practices exacerbates the violation of the Palestinian people’s right to self-determination. As a result of Israel’s policies and practices over the years, the Palestinian people have been deprived of their right to self-determination for a long time. The prolongation of these policies and practices weakens the possibility of exercising this right in the future. Therefore, the court believes that Israel’s unlawful policies and practices violate its obligation to respect the Palestinian people’s right to self-determination.”

“Israel must immediately cease its actions to create new settlement areas”

The opinion expressed that Israel’s presence in the occupied Palestinian territories is not legal, stating that “Israel has an obligation to end its occupation as quickly as possible.” Regarding the question of how Israel’s policies and practices affect the legal status of the ongoing occupation, the court’s assessment indicated that Israel is obliged to immediately cease its actions to create new settlement areas, stop all legal practices that constitute discrimination, cancel all measures aimed at changing the demographic structure in the Palestinian territories, and compensate the Palestinian people for their damages.

The UN General Assembly had requested an opinion

The UN General Assembly, with a decision adopted on December 30, 2022, had requested the ICJ’s opinion on the “continuous violation of the Palestinian people’s right to self-determination” and the “legal consequences of the long-term occupation of Palestinian territories held since 1967, the settlements there, and the annexation of these territories.” The second question posed to the international court by the UN General Assembly was how Israel’s actions affect “the legal status of the Israeli occupation” and what legal consequences this situation has for other countries and the United Nations.

The opinions are not binding

The opinions are not binding; however, the ICJ emphasizes that “these opinions carry legal weight and moral authority nonetheless.” Therefore, the opinion announced by the international court in The Hague is expected to increase pressure on Israel regarding the war in Gaza. International law experts believe that the decision stating that Israel’s occupation, settlement practices, and de facto annexation of Palestinian territories are contrary to international law could lead to a change in the stance of countries bound by international law towards Israel.