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ICJ declares Israel’s presence on Palestinian territory illegal | Israeli-Palestinian conflict news

DEVELOPING HISTORY,

The International Court of Justice finds that Israel’s policy in the occupied Palestinian territory amounts to annexation.

The International Court of Justice (ICJ) has ruled that Israel’s continued presence in the occupied Palestinian territory is illegal and must end “as expeditiously as possible.”

Nawaf Salam, president of the ICJ in The Hague, read out the non-binding advisory opinion on Israel’s occupation of Palestinian territory on Friday.

He said Israel was violating the sixth paragraph of Article 49 of the Fourth Geneva Convention, which states that the occupying power must not deport or transfer parts of its civilian population into the territory it occupies.

“The Israeli settlements in the West Bank and East Jerusalem, as well as the regime associated with them, were established and are maintained in violation of international law,” Mr. Salam said, reading the conclusions of a panel of 15 judges.

He added that Israel’s policies and practices in the Palestinian territory amounted to the annexation of large parts of those territories and that the Court finds that Israel systematically discriminates against Palestinians in the occupied territory.

ICJ declares Israel’s presence on Palestinian territory illegal | Israeli-Palestinian conflict news
Judge Nawaf Salam, President of the International Court of Justice (ICJ) (Archive: Yves Herman/Reuters)

The case follows a request from the 2022 United Nations General Assembly.

The ICJ, also known as the World Court, is the supreme organ of the United Nations responsible for hearing disputes between states.

Israel captured the West Bank, Gaza Strip and East Jerusalem – areas of historic Palestine that the Palestinians want to turn into a state – in the 1967 war and has since built and gradually expanded settlements in the West Bank.

The United Nations and the vast majority of the international community consider the Palestinian territory to be occupied by Israel.

Human rights lawyer Jeffrey Nice told Al Jazeera it would be difficult for world leaders to “disregard” the ICJ ruling completely, even though it is not binding.

“It’s part of the legal system that says enough is enough,” he said.

He added that it would also be “difficult for the interested, informed and concerned public not to say, ‘It’s time for Israel to put its house in order.'”

Marwan Bishara, Al Jazeera’s senior political analyst, said: “There is a lot of hope that this decision will support a movement, an international movement, at all levels, in the West and elsewhere in the world, for more sanctions, for more pressure on Western governments to put more pressure on Israel,” he said.

Palestinian Foreign Minister Riyad Maliki told reporters in The Hague that the decision marked “a turning point for Palestine, for justice and for international law.”

“The ICJ has fulfilled its legal and moral duties with this historic decision; all states must now respect their clear obligations: no aid, no assistance, no complicity, no money, no weapons, no trade, nothing, no action of any kind to support Israel’s illegal occupation,” he said.

Palestinian Ambassador to the UN Riyad Mansour said the decision was an “important step” towards ending the occupation and realizing the inalienable rights of the Palestinian people, including the right to self-determination, statehood and the right of return.

He said his team would study the entire 140-page judgment and “dissect every sentence.”

“We will consult with an army of friends in the United Nations and in every corner of the world,” he said, adding: “We will produce a masterpiece of a resolution” in the UN General Assembly.

The Israeli Foreign Ministry rejected the view as “fundamentally wrong” and biased.

Israeli Prime Minister Benjamin Netanyahu’s office issued a statement calling the decision a “deceitful decision” that distorts the truth and asserts that “the Jewish people are not occupiers in their own land.”

In a separate case brought by South Africa, the ICJ is examining allegations that Israel is committing genocide in its war on Gaza.

A preliminary ruling has already been issued in the case, with the court ordering Israel to prevent and punish incitement to genocide and to increase humanitarian aid.

The ICJ had also ordered Israel to halt its offensive on Rafah, citing an “immense risk” to the hundreds of thousands of Palestinians who had taken refuge in Rafah, the southernmost part of the Gaza Strip. But Israel has continued its attacks on Gaza, including Rafah, in defiance of the UN court.

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