ICJ case on Israel's occupation of the Palestinian territories

Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem, was a proceeding before the International Court of Justice (ICJ), the highest legal body of the United Nations (UN), stemming from a resolution adopted by the United Nations General Assembly (UNGA) in December 2022 requesting the Court to render an advisory opinion relating to the legality of the Israeli occupation of the Palestinian territories.[1]

Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem
CourtInternational Court of Justice
Full case name Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem (Request for Advisory Opinion)
Started2023 (2023)
Keywords

Israel has occupied the Palestinian territories, which comprise the West Bank (including East Jerusalem) and the Gaza Strip, since 1967, making it the longest military occupation in modern history.[2] In 2004, the ICJ delivered an advisory opinion on the Israeli West Bank barrier, deciding that it contravened international law and should be removed. In January 2023, the ICJ acknowledged the UNGA's request for an advisory opinion on the legal consequences arising from the Israel's policies and practices in the occupied Palestinian territories.[3][4]

Public hearings opened on 19 February 2024 at the ICJ's seat in The Hague,[5][6] with 52 states and three international organizations presenting legal arguments — the largest number of parties to participate in any single case in the ICJ's history.[7][8][2][9][10] The court's advisory opinion was delivered on 19 July 2024, determining that the Palestinian territories constitute one political unit and that Israel's occupation since 1967, and the subsequent creation of Israeli settlements and exploitation of natural resources, are illegal under international law. The court also ruled that Israel should pay full reparations to the Palestinian people for the damage the occupation has caused,[11][12] and determined that its policies violate the International Convention on the Elimination of All Forms of Racial Discrimination.[13]

The Palestinian Authority welcomed the decision as historic,[14] while the Israeli government formally rejected it, stating a political settlement can only be attained through negotiations; Israeli leaders and politicians further decried the ruling as antisemitic.[14] The court's opinion was backed by the European Union[15] but criticized by the United States.[16] On 18 September 2024, the UNGA adopted a resolution calling for the end, within a year, to Israel's "unlawful presence" in the West Bank and Gaza.[17]

Background

A draft motion prepared by the State of Palestine was approved by the Special Political and Decolonization Committee (Fourth Committee) on 11 November 2022.[18] It was passed by a vote of 98 to 17, with 52 abstentions, and was sent to the General Assembly.[19] Nicaragua presented the draft resolution because Palestine is not a full member of the UN.[20]

On 30 December 2022, the UN General Assembly adopted resolution A/RES/77/247 with 87 votes in favor, 26 against, and 53 abstentions.[21][22][23]

On 20 January 2023, the ICJ confirmed "The request was transferred to the ICJ through a letter sent by the Secretary-General of the United Nations, Antonio Guterres, on January 17, and the request was registered yesterday, Thursday."[24][25]

The UNGA resolution

Paragraph 18 of the resolution[26] requests the Court to render an advisory opinion on the following questions:

(a) What are the legal consequences arising from the ongoing violation by Israel of the right of the Palestinian people to self-determination, from its prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967, including measures aimed at altering the demographic composition, character and status of the Holy City of Jerusalem, and from its adoption of related discriminatory legislation and measures?

(b) How do the policies and practices of Israel referred to in paragraph 18 (a) above affect the legal status of the occupation, and what are the legal consequences that arise for all States and the United Nations from this status?

UN's Special Political and Decolonization Committee vote

 
UN's Special Political and Decolonization Committee vote
  Approve
  Against
  Abstain
  Absent
Vote Quantity States
Approve 98 Afghanistan, Algeria, Angola, Antigua and Barbuda, Argentina, Armenia, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Botswana, Brazil, Brunei Darussalam, Cabo Verde, Cambodia, Chad, Chile, People's Republic of China, Comoros, Cuba, Democratic People's Republic of Korea, Djibouti, Dominican Republic, Egypt, El Salvador, Gabon, Gambia, Guinea, Guinea-Bissau, Guyana, Indonesia, Islamic Republic of Iran, Iraq, Ireland, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Lebanon, Lesotho, Libya, Luxembourg, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Namibia, Nicaragua, Niger, Nigeria, Oman, Pakistan, Panama, Paraguay, Peru, Poland, Portugal, Qatar, Russian Federation, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovenia, Somalia, South Africa, Sri Lanka, Sudan, Suriname, Syrian Arab Republic, Tajikistan, Timor-Leste, Trinidad and Tobago, Tunisia, Turkmenistan, Türkiye, Uganda, Ukraine, United Arab Emirates, Uzbekistan, Viet Nam, Yemen, Zimbabwe
Against 17 Australia, Austria, Canada, Czech Republic, Estonia, Germany, Guatemala, Hungary, Israel, Italy, Liberia, Lithuania, Marshall Islands, Federated States of Micronesia, Nauru, Palau, United States
Abstain 52 Albania, Andorra, Belarus, Bosnia and Herzegovina, Bulgaria, Burundi, Cameroon, Colombia, Costa Rica, Côte d'Ivoire, Croatia, Cyprus, Denmark, Ecuador, Eritrea, Ethiopia, Finland, France, Georgia, Ghana, Greece, Haiti, Honduras, Iceland, India, Japan, Latvia, Liechtenstein, Monaco, Montenegro, Myanmar, Netherlands, New Zealand, North Macedonia, Norway, Philippines, Republic of Korea, Republic of Moldova, Romania, Rwanda, San Marino, Serbia, Slovakia, Solomon Islands, South Sudan, Spain, Sweden, Switzerland, Thailand, Togo, United Kingdom, Uruguay
Absent 26 Bhutan, Bolivia, Burkina Faso, Central African Republic, Congo, Democratic Republic of the Congo, Dominica, Equatorial Guinea, Eswatini, Fiji, Grenada, Jamaica, Kiribati, Madagascar, Malawi, Nepal, Papua New Guinea, Samoa, São Tomé and Príncipe, Seychelles, Tonga, Tuvalu, United Republic of Tanzania, Vanuatu, Venezuela, Zambia
Total 193

General Assembly vote

 
General Assembly vote
  Approve
  Against
  Abstain
  Absent
Vote Quantity States
Approve 87 Algeria, Angola, Argentina, Armenia, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Bolivia, Botswana, Brunei Darussalam, Cambodia, Chile, People's Republic of China, Colombia, Cuba, Democratic People's Republic of Korea, Djibouti, Egypt, El Salvador, Gabon, Grenada, Guinea, Guinea-Bissau, Guyana, Indonesia, Islamic Republic of Iran, Iraq, Ireland, Jamaica, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Lebanon, Lesotho, Libya, Luxembourg, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Namibia, Nicaragua, Nigeria, Oman, Pakistan, Paraguay, Peru, Poland, Portugal, Qatar, Russian Federation, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovenia, Somalia, South Africa, Sri Lanka, Sudan, Syrian Arab Republic, Tajikistan, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, United Arab Emirates, Viet Nam, Yemen, Zambia, Zimbabwe
Against 26 Albania, Australia, Austria, Canada, Costa Rica, Croatia, Czech Republic, Democratic Republic of the Congo, Estonia, Germany, Guatemala, Hungary, Israel, Italy, Kenya, Liberia, Lithuania, Marshall Islands, Federated States of Micronesia, Nauru, Palau, Papua New Guinea, Romania, Togo, United Kingdom, United States
Abstain 53 Andorra, Belarus, Bosnia and Herzegovina, Brazil, Bulgaria, Burundi, Cameroon, Côte d'Ivoire, Cyprus, Denmark, Dominican Republic, Ecuador, Eritrea, Ethiopia, Fiji, Finland, France, Georgia, Ghana, Greece, Haiti, Honduras, Iceland, India, Japan, Kiribati, Latvia, Liechtenstein, Malawi, Monaco, Montenegro, Myanmar, Netherlands, New Zealand, Norway, Panama, Philippines, Republic of Korea, Republic of Moldova, Rwanda, Samoa, San Marino, Serbia, Slovakia, Solomon Islands, South Sudan, Spain, Sweden, Switzerland, Thailand, Tanzania, Uruguay, Vanuatu
Absent 27 Afghanistan, Antigua and Barbuda, Benin, Bhutan, Burkina Faso, Cabo Verde, Central African Republic, Chad, Comoros, Congo, Dominica, Equatorial Guinea, Eswatini, Gambia, Madagascar, Nepal, Niger, North Macedonia, São Tomé and Príncipe, Seychelles, Suriname, Timor-Leste, Tonga, Tuvalu, Ukraine, Uzbekistan, Venezuela
Total 193

Reactions to the UNGA resolution

Riyad al-Maliki, Minister of Foreign Affairs and Expatriates of the State of Palestine, hailed the resolution as "a diplomatic and legal success and achievement".[27] Al-Maliki expressed gratitude to the nations that supported the resolution by sponsoring it and voting in favor of it. He urged countries that did not support the resolution to "adhere to international law and avoid standing on the wrong side of history." Days prior to the final vote, in an attempt to impede the referral of the conflict to The Hague, then-Israeli Prime Minister Yair Lapid wrote to 50 countries urging them not to support it in the General Assembly.[28]

The Organization of Islamic Cooperation (OIC) welcomed the resolution's approval by the General Assembly, "praising the positions of the countries that supported it, which confirms their commitment to international law and is consistent with their historical support for the Palestinian cause".[29]

Submissions to the Court

The court fixed 25 July 2023 as the deadline for presentation of written statements and 25 October 2023 as the deadline for written comments on the statements made by other States or organizations.[30][31]

On 7 August the Court announced that 57 written statements had been filed in the Court's registry, including three from international organizations—League of Arab States, Organisation of Islamic Cooperation, and African Union—with the remainder from Palestine and UN member states.[32] According to Le Monde, 57 written submissions is a record (more than have been received on any other case) since the Court's creation in 1945, which the newspaper regards as already a small victory for the Palestinians.[33]

The written statements will not be published by the Court until the start of public hearings, but according to Le Monde, a large majority of the 57 submissions recognize the jurisdiction of the Court to render an opinion on the issues raised; only around 10 or so submissions contest the referral to the Court.[33]

On 14 November, the court announced that 15 comments on the written statements were accepted by the Court.[34][35]

Canada

On 14 July 2023, the Government of Canada argued that the Court should exercise its discretion to decline to render an advisory opinion, because Israel has not accepted the jurisdiction of the Court in this matter, and the UN Security Council has established a framework for the parties to resolve the dispute through negotiations.[36][37][38]

France

Although France abstained in the General Assembly on the resolution which requested the advisory opinion from the Court, France submitted a statement to the Court of around 20 pages, in which it reaffirms the illegal nature of colonization, recounts the legal obligations of the occupier in the occupied territories, including East Jerusalem, and notes the risk of an annexation by fait accompli.[33]

Israel

The Government of Israel reportedly made submissions to the Court arguing that the Court lacks the authority to adjudicate the Israeli-Palestinian conflict, and that it should instead be resolved by direct negotiations between Israel and Palestinian Authority.[39][40]

Palestine

On 24 July 2023, during a meeting at the Hague, Palestine Minister of Foreign Affairs and Expatriates, Riyad Al-Malki, delivered the Palestinian submission.[41]

United Kingdom

The UK submission opposes the hearing of the case in the ICJ.[42]

Oral presentations

Oral presentation of the arguments started on 19 February 2024. On that date, the Palestinian delegation presented its arguments. The following countries presented oral arguments in the case:

Africa

  •   African Union: The AU representative, professor Mohamed Helal, stated, "The injustice being wrought against the people of Gaza makes it imperative to end Israel's impunity and hold it accountable for the rule of law".[43]
  •   Libya: The Libyan representative stated Palestinians have the right to self determination.[44]
  •   Namibia: Namibian Justice Minister Yvonne Dausab stated, "Palestinians and Namibians suffered the loss of human dignity… and the outright theft of their land and natural resources… we cannot look the other way in the face of the brutal atrocities committed against the Palestinian people".[45]
  •   South Africa: South Africa argued that Israel's occupation amounted to colonial apartheid, that the settlements need to be dismantled, and reparations need to be paid to Palestinians.[9]
  •   Sudan: The Sudanese representative urged the court to issue an advisory opinion for Israelis and Palestinians to "redouble their efforts to achieve peace and security".[46]

Americas

  •   Belize: The Belize representative argued Gaza is still occupied despite Israel's 2005 withdrawal.[47]
  •   Bolivia: The representative from Bolivia argued that Israel's occupation policies and practices violated international law.[48]
  •   Brazil: The Brazilian attorney advocated for a two-state solution and argued Israel's occupation was a violation of international law.[49]
  •   Chile: The Chilean representative stated, "By virtue of its actions, including the exploitation of natural resources, the policies of settlements, the erection of the wall, the legalisation of outposts, among others, Israel has demonstrated its intention to control indefinitely the occupied Palestinian territory".[50]
  •   United States: The occupation must continue for Israel's self defense.[51]

Asia

  •   Bangladesh: Bangladesh argued Israel must withdraw its forces in the occupied territories and dismantle all settler structures.[52]
  •   China: The Chinese representative argued that as an occupied people, Palestinians have a right to resistance.[53]
  •   Indonesia: Indonesian Foreign Minister Retno Marsudi stated, "Israel's unlawful occupation and its atrocities must stop and should not be normalised or recognised. It is clear that Israel has zero intention to abide by international legal obligations."[54]
  •   Japan: The legal advisor to Japan's Foreign Ministry stated a "two-state solution where Israel and the future independent Palestinian state live side by side in peace and dignity remains the only viable path for both peoples".[55]
  •   Pakistan: The Minister for Law and Justice Ahmed Irfan Aslam stated that Israel's occupation was reversible, citing France's withdrawal of 1 million settlers from Algeria in 1962.[56]

Europe

  •   Ireland: The Irish representative stated, "By its prolonged occupation of Palestinian territory, and the settlement activities it has conducted there for more than half a century, Israel has committed serious breaches of a number of peremptory norms of general international law."[57]
  •   Belgium: The legal expert representing Belgium stated Israel's occupation sought a permanent demographic alteration and violates the fundamental rules of international law.[58]
  •   Luxembourg: The lawyer representing Luxembourg argued that Israel's "activities of colonisation cannot be justified under self-defence" and suggested that its actions had violated the Fourth Geneva Convention.[59]
  •   Netherlands: Netherlands representative René JM Lefeber argued that people under occupation have a right to self-determination.[60]
  •   Norway: Norwegian foreign minister Espen Barth Eide stated "the injustice to which the Palestinians are subjected must stop" and argued a two-state solution was "the only solution to the conflict between Israel and Palestine".[61]
  •   Russia: The Russian representative stated Israel needed to "stop all settlement activities in the occupied territory".[62]
  •   Slovenia: Slovenia argued that Palestinians have the "fundamental human right" to self-determination and that the Israeli occupation was an impediment to it.[63]
  •    Switzerland: The Swiss representative stated Israel's occupation "cannot be justified under security requirements because it affects the well-being of the population and is discriminatory in nature".[64]
  •   United Kingdom: The British representative acknowledged that the Israeli occupation was illegal but argued the court should not issue a ruling on it.[65]

Middle East

  •   Arab League: Representing the Arab League, Ralph Wilde stated there was no "backdoor legal basis" for Israel to maintain the occupation; he ended by quoting the Palestinian poet Refaat Alareer, stating, "If I must die, you must live to tell my story. If I must die, let it bring hope. Let it be a story."[66]
  •   Iran: Iran stated that it was a "collective legal and moral responsibility" to end the occupation and "we should not leave [Palestinians] alone and let them down".[67]
  •   Iraq: The Iraqi representative stated Iraq is "deeply concerned about the humanitarian suffering inflicted on the Palestinians throughout the state of Palestine".[68]
  •   Jordan: Michael Wood, representing Jordan, stated, "the only way for the [Palestinian] right to self-determination to be exercised is for the [Israeli] occupation to come to an end".[69] Ayman Safadi further stated, "The occupation is unlawful, it is inhumane, it must end, yet Israel has been systematically consolidating the occupation".[70]
  •   Kuwait: The Kuwaiti representative stated, "The occupying power has waged an illegitimate war on the Palestinians in Gaza characterised by numerous international law violations."[71]
  •   Lebanon: The Lebanese representative stated, "Since 1967, Israel has been committing a crime of aggression, illegally occupying territories before annexing them."[72]
  •   Oman: The Omani representative stated Palestinians "have been living under occupation, oppression, injustice and daily humiliation, while the international community failed to assist them in realising their aspirations to an independent state".[73]
  •   Qatar: The Qatari lawyer stated that the ICJ holds a "clear mandate and indeed the responsibility to remedy to this unacceptable situation. The credibility of the international legal order depends on your opinion and the stakes cannot be higher."[74]
  •   Saudi Arabia: Saudi envoy Ziad al-Atiyah stated that Israel has committed "egregious violations of its fundamental international obligations" toward Palestinians under occupation.[75]

Ruling

The ICJ delivered its opinion on 19 July 2024.[76] It concluded that Israel should put an end to its illegal occupation of the Palestinian territories, desist from creating new settlements, and evacuate those already established. It further concluded that where Palestinians have lost land and property, that Israel should pay reparations.[77] In relation to the prohibition on racial segregation and apartheid in the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), the court found that Israeli laws "implement a separation" between Palestinians and settlers in the occupied territories in physical and juridical senses, "breach[ing]" Article 3 of CERD.[78][79]: 65  It also found that all states, and institutions such as the U.N. Security Council and the United Nations General Assembly, are under an obligation not to recognise the occupation as legal nor "render aid or assistance" toward maintaining Israel's presence in the occupied territories.[80][81]

Among the breaches of international law, the court identified practices such as forcible evictions, pervasive house demolitions and restrictions on residence and movement, the transfer and retention of settlers into East Jerusalem and the West Bank, the failure to protect Palestinians from settler violence, placing restrictions on access to water, the extension of Israeli law into the West Bank and East Jerusalem, and the exploitation by Israel of resources in the occupied territories.[82] While raising the issue of Israel's separation policy, noting a distinction between segregation and apartheid, it stopped short of ruling that the policy fell under the provisions of international law regarding apartheid. It has been speculated that this may have been related to a concern to achieve a great majoritarian consensus among the presiding judges.[13]

The court further wrote that:[79]

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 court stated that the Israeli–Palestinian peace process did not prevent international law from applying to the situation.[83] The ICJ stated that the United Nations General Assembly and Security Council are required to determine the method of ending Israel's unlawful presence in the occupied territories, and that all states are obliged to cooperate with the non-recognition of the Israeli occupation of the occupied territories.[84]

The UN confirmed that the matter would be handed over to the UNGA to determine what action would follow.[85]

UN General Assembly resolution

On 18 September 2024, the UNGA adopted a non-binding resolution to enforce the advisory opinion. 124 countries voted in favour of the resolution, 43 countries abstained and 14 countries, including Israel and the US, voted against. Europe was divided: France, Portugal, Ireland, Malta, Belgium, Spain and Norway voted in favour of the resolution; Switzerland, Germany, Austria, Sweden, Italy, the UK and the Netherlands abstained; the Czech Republic and Hungary voted against the resolution.[86][87][88][89]

The resolution called for Israel's withdrawal from the occupied Palestinian territory within one year. It also called on all member states to stop importing products from Israeli settlements in the occupied Palestinian territory and to stop supplying arms, munitions and related equipment to Israel "in all cases where there are reasonable grounds to suspect that they may be used in the Occupied Palestinian Territory".[86][90][91]

Switzerland was given a mandate to convene a "Conference of High Contracting Parties to the Fourth Geneva Convention relative to the protection of civilian persons in time of war on measures to enforce the Convention in the Occupied Palestinian Territory, including East Jerusalem", with the Conference to be convened within the next six months.[89][90]

Reactions

Political responses in Israel

Israeli leaders and politicians decried the ICJ ruling as antisemitic:[14]

  • Benjamin Netanyahu called the ruling "a decision of lies", since "the Jewish people are not occupiers in their own land."[92]
  • Knesset MP Yuli Edelstein stated that the International Court of Justice has been "hijacked by Islamists and their supporters".[93]
  • National Security Minister Itamar Ben-Gvir stated that the decision "proves for the umpteenth time that this is a distinctly antisemitic and political organization."[94]
  • The Israeli Minister for Finance Bezalel Smotrich called for an immediate annexation of the West Bank, stating: "The answer to The Hague – sovereignty now."[94]
  • Benny Gantz stated that the decision was a testament to outside meddling that was "counterproductive to regional security" but also further evidence for the 'judicialization' of a political conflict.[95]
  • Avigdor Lieberman stated that the judgment was an "antisemitic act," and also accused the court of "launching a war" against Israel, which is "already fighting six others."[96]
  • Yariv Levin, Israel's Deputy Prime Minister, stated: "No lies [by the World Court] will change the simple fact: the Land of Israel belongs to the people of Israel."[96]
  • Israel Katz, Israel's Foreign Minister, stated that the judgment was 'dangerous' in that it plays into the hands of the extremists and "encourages the Palestinian Authority to continue its path of slander."[96]
  • Yair Lapid, the opposition leader, stated that the decision was "disconnected, one-sided, tainted by antisemitism," and "serves only Islamic terrorism."[96]
  • Ahmad Tibi stated that the verdict "accurately captured reality, determining that the state of segregation and the application of Israeli law in the occupied territories is apartheid."[96]
  • The Israeli human rights NGO B'tselem declared, "No more excuses. The international community must force Israel to end the occupation."[97]

Political responses in Palestine

  • The office of Palestinian President Mahmoud Abbas welcomed the opinion and called the decision historic.[16]
  • Secretary General of the Executive Committee of the Palestine Liberation Organization Hussein al-Sheikh hailed the verdict as a victory for the Palestinians' right to self-determination, and considered that the judgment amounted to the "collapse and defeat of the Judaization project through confiscation, settlement, displacement, and racist practices against a people under occupation."[92]

Political responses in the US

Political responses in the UK

  • The newly formed Labour government said it “respects the independence of the ICJ” and is considering the ruling before making an official response. The Foreign Office added the UK is “strongly opposed to the expansion of illegal settlements and rising settler violence”.[99]

Political responses in the EU

  • The European Union backed the ICJ's advisory opinion and stated that its ruling aligns with the bloc's own positions, with its foreign policy chief Josep Borrell saying the opinion would be analyzed on its implication on the EU's policy.[15]
  • Belgium Minister of Foreign Affairs, Hadja Lahbib said in a post on X: "The International Court of Justice has ruled that Israel's occupation of the Palestinian territory does not comply with international law and that settlement activity must cease. Belgium will always stand up for the respect of international law.".[99]
  • Spain said the ruling “includes important pronouncements … on the illegality of the Israeli occupation of the Palestinian territories and on settlements, among other aspects” and that “The government urges the UN and the international community to take into consideration the conclusions of the report and to adopt appropriate measures in this regard”.[99][100]
  • The Ministry of Foreign Affairs of Slovenia called on Israel “to comply with its duties and obligations under international law” as laid out in the ICJ's opinion.[99]
  • Norway Minister of Foreign Affairs, Espen Barth Eide, said in a post on X: "The ICJ is crystal clear: Israeli policies and practices are to be considered annexation of large parts of the Occupied Palestinian Territory, and are in violation of international law. This is an unequivocal message to Israel, which we expect them to comply with immediately."[99]

Political responses in Africa

  • South Africa Minister of International Relations and Cooperation Ronald Lamola said the ruling “affirms South Africa's long-standing position that the occupation by Israel of Palestinian territory remains unlawful under international law” and that “There is now an additional legal obligation for all states to end complicity in Israel's illegal actions and to act to ensure respect for international law,” he said in a statement.[99]

Analyses

  • Daniel Levy, a political analyst, stated the ICJ case would cause third parties to reckon with the consequences of being "complicit in this violation of international law and in guaranteeing impunity for the violating party, namely Israel."[101]
  • Ynet journalist Itamar Eichner stated that though the ICJ decision represented the worst-case scenario Israeli politicians feared, the very 'brutality' of the ruling may act in Israel's favour. In his view, it is likely that Israeli leaders are hoping that Donald Trump will win the U.S. elections, and then pass laws against the ICJ and ICC, and impose sanctions on the judges responsible for these verdicts.[102]

See also

References

  1. ^ "What's the ICJ case against Israel's illegal occupation of Palestine?". Al Jazeera. 19 February 2024. Archived from the original on 20 July 2024. Retrieved 23 July 2024.
  2. ^ a b "Israel must end its occupation of Palestine to stop fuelling apartheid and systematic human rights violations". Amnesty International. 19 February 2024. Archived from the original on 18 July 2024. Retrieved 14 July 2024.
  3. ^ "World Court says it has received U.N. request for opinion on Israel occupation". Reuters. 20 January 2023. Archived from the original on 23 March 2023. Retrieved 27 October 2023.
  4. ^ "Press Release No. 2023/4: The General Assembly of the United Nations requests an advisory opinion from the Court in its resolution A/RES/77/247 on "Israeli practices affecting the human rights of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem"" (PDF) (Press release). International Court of Justice. 20 January 2023. Retrieved 27 October 2023.
  5. ^ "No. 2023/55: Public hearings to open on Monday 19 February 2024" (PDF) (Press release). International Court of Justice. 23 October 2023. Archived (PDF) from the original on 23 October 2023. Retrieved 28 October 2023.
  6. ^ "World court to hold public hearings over consequences from Israel's occupation". Reuters. 23 October 2023. Archived from the original on 23 October 2023. Retrieved 23 October 2023.
  7. ^ "Legal Consequences Arising from the Policies and Practices of Israel in the OPT (Request for Advisory Opinion) – Public hearings schedule 19 to 26 February 2024 – ICJ Press Release". Archived from the original on 20 April 2024. Retrieved 13 February 2024.
  8. ^ Third Hearing: ICJ on Israeli Policies in Occupied Palestinian Territories. United Nations. Archived from the original on 22 February 2024. Retrieved 22 February 2024 – via YouTube.
  9. ^ a b Vaessen, Step. "First 10 countries made clear Israel's occupation unlawful, should end immediately". Al Jazeera. Archived from the original on 24 February 2024. Retrieved 24 February 2024.
  10. ^ "What's the ICJ case against Israel's illegal occupation of Palestine?". Al Jazeera. Archived from the original on 20 July 2024. Retrieved 22 July 2024.
  11. ^ 'Legal Consequences Arising from the Policies and practices of Israel in the Occupied Palestinian Territory, Including East Jerusalem:Advisory Opinion,' Archived 23 July 2024 at the Wayback Machine Unispal 19 July 2023 pp.6,73,79.
  12. ^ Ghousoon Bisharat,‘Israel always sold the occupation as legal. The ICJ now terrifies them’ Archived 24 July 2024 at the Wayback Machine +972 magazine 23 July 2024
  13. ^ a b Aeyal Gross, 'The ICJ Just Demolished One of Israel's Key Defenses of the Occupation,' Archived 20 July 2024 at the Wayback Machine Haaretz 19 July 2024.
  14. ^ a b c "As Israel's Leaders Seethe at 'Antisemitic' ICJ Decision, Palestinian President Says Justice Has Won". Haaretz. 20 July 2024. Archived from the original on 22 July 2024. Retrieved 20 July 2024.
  15. ^ a b "EU backs ICJ ruling on illegal Israeli occupation". 20 July 2024. Archived from the original on 22 July 2024. Retrieved 21 July 2024.
  16. ^ a b Singh, Kanishka (20 July 2024). "US criticizes ICJ opinion on Israeli occupation of Palestinian territories". Reuters.
  17. ^ "UN General Assembly widely supports a Palestinian resolution demanding Israel end its occupation". AP News. 18 September 2024.
  18. ^ "Fourth Committee to refer Israel's occupation to ICJ for advisory opinion". WAFA. Archived from the original on 12 November 2022. Retrieved 12 November 2022.
  19. ^ "UN committee approves: ICJ to be asked to provide legal opinion on Israeli 'occupation'". 11 November 2022. Archived from the original on 12 November 2022. Retrieved 12 November 2022.
  20. ^ "UN agrees to ask ICJ opinion on Israel's West Bank occupation". 12 November 2022. Archived from the original on 12 November 2022. Retrieved 12 November 2022.
  21. ^ "UN seeks court opinion on 'violation' of Palestinian rights". ABC News (Australia). AP. 30 December 2022. Archived from the original on 29 October 2023. Retrieved 29 October 2023.
  22. ^ "A.77/PV.56 (Resumption 1): General Assembly Official Records: Seventy-seventh session, 56th plenary meeting, Friday, 30 December 2022, 6 p.m., New York" (PDF). Archived (PDF) from the original on 9 May 2024. Retrieved 29 October 2023.
  23. ^ Nichols, Michelle (30 December 2022). "U.N.asks World Court to give opinion on Israel's occupation". Reuters – via www.reuters.com.
  24. ^ "ICJ confirms it has received UN request for advisory opinion on Israeli occupation". WAFA. Archived from the original on 20 January 2023. Retrieved 20 January 2023.
  25. ^ International Court of Justice (20 January 2023). "The General Assembly of the United Nations requests an advisory opinion from the Court in its resolution A/RES/77/247 on 'Israeli practices affecting the human rights of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem'" (PDF). Archived (PDF) from the original on 22 January 2023. Retrieved 22 January 2023.
  26. ^ "Resolution adopted by the General Assembly on 30 December 2022". Archived from the original on 9 May 2024. Retrieved 28 October 2023.
  27. ^ "UN adopts Palestinian resolution to seek ICJ opinion on Israel's 'prolonged occupation'". 12 November 2022. Archived from the original on 9 May 2024. Retrieved 12 November 2022.
  28. ^ "Lapid to world leaders: Stop Palestinian push to refer conflict to the Hague". The Times of Israel. Archived from the original on 5 December 2022. Retrieved 5 December 2022.
  29. ^ "OIC hails UN vote on Israel's occupation of Palestine". Archived from the original on 1 January 2023. Retrieved 1 January 2023.
  30. ^ "Order on time-limits" (PDF). International Court of Justice. 3 February 2023. Archived (PDF) from the original on 22 September 2023. Retrieved 27 October 2023.
  31. ^ "ICJ sets dates for submission of statements on Israel's practices in the occupied Palestinian territories". WAFA. Archived from the original on 9 February 2023. Retrieved 9 February 2023.
  32. ^ "No. 2023/43: Filing of written statements" (PDF) (Press release). International Court of Justice. 7 August 2023. Archived (PDF) from the original on 29 October 2023. Retrieved 29 October 2023.
  33. ^ a b c Benjamin Barthe; Stéphanie Maupas (22 September 2023). "Palestine: l'occupation israélienne face á la justice". Le Monde (in French). p. 7.
  34. ^ "ICJ says 15 written comments were filed on legal consequences of Israeli Policies, Practices in occupied Palestinian Territory". WAFA. 16 November 2023.
  35. ^ "No. 2023/65: Filing of written comments" (PDF). International Court of Justice. 14 November 2023.
  36. ^ "Written Statement of the Government of Canada" (PDF). 14 July 2023. Archived (PDF) from the original on 21 November 2023. Retrieved 28 October 2023.
  37. ^ "Canada attempting to block the ICJ advisory opinion on Palestine". Just Peace Advocates. 2023. Archived from the original on 28 October 2023. Retrieved 28 October 2023.
  38. ^ Irwin Cotler; Orde Kittrie (27 August 2023). "Opinion: Canada must continue to defend Israel against baseless United Nations attack". National Post. Archived from the original on 9 May 2024. Retrieved 28 October 2023.
  39. ^ "Israel tells ICJ it lacks authority to debate conflict, says talks are only solution". The Times of Israel. 28 July 2023. Archived from the original on 28 October 2023. Retrieved 28 October 2023.
  40. ^ Tovah Lazaroff (28 July 2023). "Israel files written submission to ICJ against its 'occupation' hearing". The Jerusalem Post. Archived from the original on 28 October 2023. Retrieved 28 October 2023.
  41. ^ "FM Malki hands Palestine's written submissions to ICJ for legal opinion on nature of Israeli occupation of OPT". WAFA. 24 July 2023. Archived from the original on 24 July 2023. Retrieved 24 July 2023.
  42. ^ McKernan, Bethan (24 August 2023). "UK 'seeking to block ICJ ruling' on Israeli occupation of Palestine". The Guardian. Archived from the original on 9 May 2024. Retrieved 28 October 2023.
  43. ^ "International community let Palestinian people down: African Union at ICJ". Al Jazeera. Archived from the original on 27 February 2024. Retrieved 27 February 2024.
  44. ^ "Libya presents legal arguments at ICJ". Al Jazeera. Archived from the original on 24 February 2024. Retrieved 24 February 2024.
  45. ^ "Namibia remembers painful colonial history in ICJ remarks on Israel's occupation". Al Jazeera. Archived from the original on 23 February 2024. Retrieved 24 February 2024.
  46. ^ "Sudan argues in favour of ICJ advisory opinion". Al Jazeera. Archived from the original on 24 February 2024. Retrieved 24 February 2024.
  47. ^ "Belize argues Israel's illegal occupation of Gaza has been ongoing". Al Jazeera. Archived from the original on 24 February 2024. Retrieved 24 February 2024.
  48. ^ "'Israel obliged to stop atrocities, genocide in Gaza'". Al Jazeera. Archived from the original on 24 February 2024. Retrieved 24 February 2024.
  49. ^ "More from Brazil's representative". Al Jazeera. Archived from the original on 24 February 2024. Retrieved 24 February 2024.
  50. ^ "'Systematic violation of international law part of Israel's state policy'". Al Jazeera. Archived from the original on 24 February 2024. Retrieved 24 February 2024.
  51. ^ Vaessen, Step. "China counters US point by point at ICJ". Al Jazeera. Archived from the original on 24 February 2024. Retrieved 24 February 2024.
  52. ^ "More on arguments presented by Bangladesh". Al Jazeera. Archived from the original on 25 February 2024. Retrieved 25 February 2024.
  53. ^ "China's remarks highlight Palestinians' right to resist". Al Jazeera. Archived from the original on 24 February 2024. Retrieved 24 February 2024.
  54. ^ "Indonesia's foreign minister at ICJ: 'Blatant violation of humanitarian law committed by Israel'". Al Jazeera. Archived from the original on 23 February 2024. Retrieved 24 February 2024.
  55. ^ "Japan calls for creation of state for Palestinians to live in 'peace and dignity'". Al Jazeera. Archived from the original on 24 February 2024. Retrieved 24 February 2024.
  56. ^ "Pakistan tells ICJ Israeli occupation 'not irreversible'". Al Jazeera. Archived from the original on 24 February 2024. Retrieved 24 February 2024.
  57. ^ "Israel has committed 'serious breaches' of international law: Ireland". Al Jazeera. Archived from the original on 24 February 2024. Retrieved 24 February 2024.
  58. ^ "Israel's settlements aim to bring permanent demographic change". Al Jazeera. Archived from the original on 25 February 2024. Retrieved 25 February 2024.
  59. ^ "Israel's 'colonisation activities' are not self-defence: Luxembourg". Al Jazeera. Archived from the original on 24 February 2024. Retrieved 24 February 2024.
  60. ^ "The Netherlands presents its arguments". Al Jazeera. Archived from the original on 25 February 2024. Retrieved 25 February 2024.
  61. ^ "Israeli settlements 'biggest obstacle' to two-state solution: Norway". Al Jazeera. Archived from the original on 23 February 2024. Retrieved 24 February 2024.
  62. ^ "Russia tells ICJ Israel must stop all settlement activities". Al Jazeera. Archived from the original on 24 February 2024. Retrieved 24 February 2024.
  63. ^ "Slovenia at ICJ: Self-determination 'fundamental' right for all". Al Jazeera. Archived from the original on 24 February 2024. Retrieved 24 February 2024.
  64. ^ "Switzerland at ICJ: Israel set up 'coercive environment' in Palestinian territories". Al Jazeera. Archived from the original on 24 February 2024. Retrieved 24 February 2024.
  65. ^ "UK calls on ICJ to decline issuing an advisory opinion". Al Jazeera. Archived from the original on 23 February 2024. Retrieved 24 February 2024.
  66. ^ "ICJ: Arab League concludes oral arguments with words by poet killed in Israeli air strike". Al Jazeera. Archived from the original on 27 February 2024. Retrieved 27 February 2024.
  67. ^ "Iran says UNSC responsible for Israeli atrocities". Al Jazeera. Archived from the original on 24 February 2024. Retrieved 24 February 2024.
  68. ^ "Israel must be held accountable for 'war crimes': Iraq to ICJ". Al Jazeera. Archived from the original on 24 February 2024. Retrieved 24 February 2024.
  69. ^ "Israeli occupation must end 'as a matter of urgency': Jordan". Al Jazeera. Archived from the original on 24 February 2024. Retrieved 24 February 2024.
  70. ^ "'No country must be allowed to be above the law': Jordan". Al Jazeera. Archived from the original on 24 February 2024. Retrieved 24 February 2024.
  71. ^ "'Why does the victim continue to be portrayed as the killer?': Kuwait". Al Jazeera. Archived from the original on 24 February 2024. Retrieved 24 February 2024.
  72. ^ "Lebanon urges ICJ to help bring peace in Middle East". Al Jazeera. Archived from the original on 24 February 2024. Retrieved 24 February 2024.
  73. ^ "Palestinians living in 'injustice, daily humiliation', Oman tells ICJ". Al Jazeera. Archived from the original on 24 February 2024. Retrieved 24 February 2024.
  74. ^ "Qatar says 'credibility of international legal order' depends on ICJ opinion". Al Jazeera. Archived from the original on 23 February 2024. Retrieved 24 February 2024.
  75. ^ "More from Saudi Arabia's envoy Ziad al-Atiyah". Al Jazeera. Archived from the original on 25 February 2024. Retrieved 25 February 2024.
  76. ^ Legal Consequences Arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem International Court of Justice 19 July 2024
  77. ^ Loveday Morris, 'Israel should evacuate settlements, pay reparations, ICJ says,' Washington Post 19 July 2024
  78. ^ ICJ opinion declaring Israel's occupation of Palestinian territories unlawful is historic vindication of Palestinians' rights, Amnesty International, 19 July 2024, Wikidata Q127606223, archived from the original on 19 July 2024
  79. ^ a b Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem International Court of Justice No. 2024/57 19 July 2024
  80. ^ Mike Corder, 'Top UN court says Israel's presence in occupied Palestinian territories is illegal,' Archived 22 July 2024 at the Wayback Machine The Age 20 July 2024.
  81. ^ Stephanie van den Berg and Emily Rose,'Top UN court says Israel's occupation of Palestinian territories is illegal,' Reuters 19 July 2024.
  82. ^ Haroon Siddique, UN court orders Israel to end its occupation of Palestinian territories,' Archived 22 July 2024 at the Wayback Machine The Guardian 19 July 2024
  83. ^ Peter Beaumont (19 July 2024). "Why ICJ ruling against Israel's settlement policies will be hard to ignore". The Guardian. ISSN 0261-3077. Wikidata Q127606871. Archived from the original on 19 July 2024.
  84. ^ Stephanie van den Berg; Emily Rose (19 July 2024), Top UN court says Israel's occupation of Palestinian territories is illegal, Reuters, Wikidata Q127606905, archived from the original on 19 July 2024
  85. ^ Al Jazeera Staff. "Can Palestinians expect changes after ICJ ruling on Israel's occupation?". Al Jazeera. Archived from the original on 24 July 2024. Retrieved 24 July 2024.
  86. ^ a b Wintour, Patrick (18 September 2024). "UN members back resolution directing Israel to leave occupied territories". The Guardian. ISSN 0261-3077. Retrieved 19 September 2024.
  87. ^ "General Assembly Overwhelmingly Adopts Historic Text Demanding Israel End Its Unlawful Presence, Policies in Occupied Palestinian Territory within One Year". press.un.org. 18 September 2024.
  88. ^ "UN-Resolution fordert Rückzug Israels aus Palästinensergebieten". tagesschau.de (in German). Retrieved 19 September 2024.
  89. ^ a b "Nahost-Konferenz: Schweiz erhält Mandat der UNO". Schweizer Radio und Fernsehen (SRF) (in German). 19 September 2024. Retrieved 19 September 2024.
  90. ^ a b "United Nations General Assembly: A/ES-10/L.31/Rev.1" (PDF). un.org. 13 September 2024.
  91. ^ "United Nations General Assembly: A/RES/ES-10/24" (PDF). un.org. 19 September 2024.
  92. ^ a b Raffi Berg, 'UN top court says Israeli occupation of Palestinian territories is illegal,' Archived 19 July 2024 at the Wayback Machine BBC News 19 July 2024.
  93. ^ 'Israeli leaders slam ICJ's call for end to 'illegal' activities in Palestinian territories,' Archived 19 July 2024 at the Wayback Machine Jerusalem Post 19 July 2024.
  94. ^ a b Moran Azulay, Elisha Ben Kimon, 'Ben-Gvir calls ICJ 'a definite antisemitic organization; Smotrich: Sovereignty now',' Archived 22 July 2024 at the Wayback Machine Ynet 19 July 2024.
  95. ^ Gantz: ICJ ruling counterproductive to regional security; Liberman: Another antisemitic show Archived 22 July 2024 at the Wayback Machine The Times of Israel 19 July 2024
  96. ^ a b c d e Noa Shpigel, [','] Haaretz 19 July 2024.
  97. ^ Chantal Da Silva, 'Israeli settlements violate international law, U.N.'s top court says in a landmark opinion,' Archived 19 July 2024 at the Wayback Machine NBC News 19 July 2024
  98. ^ "US criticizes ICJ opinion on Israeli occupation of Palestinian territories". Reuters. Retrieved 20 July 2024.
  99. ^ a b c d e f Staff, Al Jazeera. "'Impunity must end': World reacts to ICJ ruling against Israeli occupation". Al Jazeera. Archived from the original on 24 July 2024. Retrieved 24 July 2024.
  100. ^ Ayllon, Luis (21 July 2024). "Spain welcomes the ICJ ruling that considers the Israeli occupation of Palestinian territories illegal". The Diplomat in Spain. Archived from the original on 24 July 2024. Retrieved 24 July 2024.
  101. ^ "Hearing on Israeli occupation could help peace process under international law". Al Jazeera. Archived from the original on 19 February 2024. Retrieved 20 February 2024.
  102. ^ Itamar Eichner, ICJ opinion was Israel's worse case scenario,' Archived 22 July 2024 at the Wayback Machine Ynet 19 July 2024.