UN Supreme Court rules that Israel’s presence in occupied Palestinian territories is illegal and must end
THE HAGUE, Netherlands (AP) — The United Nations Supreme Court ruled Friday that Israel’s presence in the occupied Palestinian territories is “illegal” and called for its end, pointing to the construction and expansion of Israeli settlements in the West Bank and East Jerusalem, its annexation and imposition of permanent control over the land and discriminatory policies against Palestinians.
The International Court of Justice has issued a non-binding opinion on the legality of Israel’s 57-year occupation of territory claimed for the creation of a Palestinian state, a decision likely to have more effect on international opinion than on Israeli policy.
The court, composed of 15 judges from around the world, said Israel had abused its status as an occupying power in the West Bank and East Jerusalem by pursuing policies of annexing territory, imposing permanent control and building settlements. It said Israel must immediately halt settlement construction.
According to the statement, such acts render “Israel’s presence in the occupied Palestinian territory illegal.” It added that its continued presence is “illegal” and must be ended “as quickly as possible.”
Israel, which traditionally views the United Nations and international courts as unfair and biased, has not sent a legal team to the hearings. But it has submitted written comments, saying the questions posed to the court are biased and do not address Israeli security concerns. Israeli officials have said the court’s intervention could jeopardize the peace process, which has been stagnant for more than a decade.
In its opinion issued by the President of the Court, Nawaf Salam, the Court found that “the transfer by Israel of settlers to the West Bank and Jerusalem and their continued presence are contrary to Article 49 of the Fourth Geneva Convention.” The Court also noted with “deep concern” that Israel’s settlement policy has expanded.
The Court also found that Israel’s use of natural resources was “incompatible” with its obligations under international law as an occupying power.
Friday’s decision comes amid Israel’s devastating 10-month military offensive against Gaza, sparked by Hamas attacks in southern Israel. In a separate case, the International Court of Justice is considering a South African complaint that Israel’s campaign in Gaza amounts to an attack on Gaza. genocidea claim Israel vehemently denies.
Israel captured the West Bank, East Jerusalem and the Gaza Strip in the 1967 Middle East war. The Palestinians want all three areas annexed into an independent state.
Israel considers the West Bank a disputed territory whose future must be decided through negotiations. Israel has moved people there into settlements to consolidate its control. It annexed East Jerusalem, a move not recognized by the international community. It withdrew from Gaza in 2005 but maintained a blockade of the territory after Hamas seized power in 2007. The international community generally considers all three areas to be occupied territory.
HAS hearings in FebruaryThen-Palestinian Foreign Minister Riad Malki accused Israel of apartheid and urged the UN Supreme Court to declare that Israel’s occupation of Palestinian-claimed land is illegal and must end immediately and unconditionally if any hope of a two-state future is to survive.
Israel, which traditionally views the United Nations and international courts as unfair and biased, did not send a legal team to the hearings. But it has submitted written comments, saying the questions posed to the court are biased and “fail to recognize Israel’s right and duty to protect its citizens,” fail to address Israeli security concerns and fail to recognize Israeli-Palestinian agreements to negotiate issues such as “the permanent status of the territory, security arrangements, settlements and borders.”
The Palestinians presented their arguments in February, alongside 49 other countries and three international organizations.
Erwin van Veen, a senior researcher at the Clingendael think tank in The Hague, said that if the court ruled that Israel’s policies in the West Bank and East Jerusalem violated international law, it was unlikely to change Israeli policy, but it would “further isolate Israel internationally, at least from a legal perspective.”
He said such a move would “worsen the case for the occupation. It would remove any legal, political and philosophical basis for the Israeli expansion project.”
It would also strengthen the hand of “those who seek to oppose it” – such as the Palestinian grassroots movement that advocates boycott, divestment and sanctions against Israel.
He added that it could also increase the number of countries that recognize the State of Palestine, especially in the Western world, such as Spain, Norway and Ireland.
This is not the first time that the ICJ has been called upon to give its legal opinion on Israeli policies. Twenty years ago, the Court ruled that Israel’s policies were Separation barrier in the West Bank was “contrary to international law.” Israel boycotted the proceedings, saying they were politically motivated.
Israel says the barrier is a security measure. Palestinians say the structure amounts to a massive land grab because it often extends into the West Bank.
In December 2022, the United Nations General Assembly voted overwhelmingly in favor of requesting an advisory opinion from the International Court of Justice. Israel vehemently opposed the Palestinians’ request. Fifty countries abstained from the vote.
Israel has built more than 100 settlements, according to the anti-settlement advocacy group Peace Now. The settler population in the West Bank has grown by more than 15 percent in the past five years, to more than 500,000 Israelis, according to a pro-settlement group.
Israel has also annexed East Jerusalem and considers the entire city its capital. An additional 200,000 Israelis live in settlements built in East Jerusalem that Israel considers neighborhoods of its capital. Palestinian residents of the city face systematic discrimination, which makes it difficult for them to build new houses or expand existing ones.
The international community considers all settlements illegal or obstacles to peace because they are built on land coveted by the Palestinians for their statehood.
Israeli Prime Minister Benjamin Netanyahu’s hardline government is dominated by settlers and their political supporters. Netanyahu has tasked his finance minister, Bezalel Smotrich, a former settler leader, with pressuring Israeli authorities to take action. unprecedented authority on settlement policy. Smotrich used this position to consolidate Israel’s control over the West Bank by pushing forward plans to build new homes in settlements and legalize outposts.
Authorities recently approved the appropriation of 12.7 square kilometers (5 square miles) of land in the Jordan Valley, a strategic area in the heart of the West Bank, according to a copy of the order obtained by The Associated Press. Data from Peace Now, the monitoring organization, indicates that it is the largest appropriation approved since the 1993 Oslo Accords, at the start of the peace process.
