07/30/2024 / By Laura Harris
The International Court of Justice (ICJ) has ruled that Israel is legally obligated to end its 57-year military occupation of internationally recognized Palestinian territory as soon as possible.
Israel has established 132 settlements on Palestinian land in the West Bank that are legal under Israeli law, with an additional 98 “outposts” that are technically not legal but still receive extensive support from the government. All of these illegal colonies in East Jerusalem and the West Bank are home to around 700,000 Israeli settlers.
Back in November, the United Nations General Assembly passed a resolution reaffirming the illegality of all of Israel’s settlements in the West Bank. This resolution was opposed by only seven nations, including Israel, the United States and Canada. (Related: ICJ orders Israel to end its unlawful occupation of Palestinian territories.)
The ICJ recently ruled in a non-binding 80-page legal opinion on July 26 that Israel must evacuate every single one of the settlers in these territories and pay reparations to all Palestinians who have suffered injury or loss of land or property. The legal opinion also mandates that UN member states “not recognize as legal” the situation resulting from Israel’s illegal occupation or “render aid or assistance” to Israel in maintaining the occupation.
Additionally, it calls on the UN, especially the General Assembly and Security Council, to consider and implement effective measures to end the unlawful Israeli occupation of Palestine “as rapidly as possible.”
The backdrop of this ruling is the ongoing conflict in Gaza, where massive destruction and bloodshed continue. Christian authorities in the Middle East and a significant majority of national governments worldwide have long identified this occupation as the “root” injustice fueling the conflict between Israeli occupiers and the Palestinian people.
This decision follows a hearing in February where 45 nations, along with three organizations, testified against the Israeli government. Only four countries – the United States, United Kingdom, Hungary, and Fiji – defended the ongoing occupation.
The hearing and subsequent judgment were initiated by a December 2022 UN General Assembly resolution requesting the ICJ’s opinion on the legal consequences of Israel’s continued “occupation, settlement and annexation” of Palestinian territory. While the advisory opinion is not legally binding, its legal and moral authority could significantly influence international policies.
The ruling echoes sentiments previously voiced by Christian bishops in the region. This view has been supported by former Israeli leaders such as Ehud Barak and Ehud Olmert and former Israeli Ambassador to South Africa Alon Liel, along with numerous human rights organizations and international bodies.
“Our people want to put an end to this occupation,” responded Riyad Mansour, the Palestinian ambassador to the UN. “What happened today is a significant step in the direction of ending occupation and attaining the inalienable rights of the Palestinian people, including their right to self-determination, statehood and the right of the refugees to return.”
He indicated that Palestinian officials would carefully consider the ruling’s implications and work towards a comprehensive resolution in the UN General Assembly.
Meanwhile, Mustafa Barghouti, secretary-general of the Palestinian National Initiative, celebrated the decision as a “big victory for the Palestinian cause.”
“From a legal perspective, Israel is already indicted and condemned for its policies, for its occupation, settlements, and illegal apartheid rule,” he said. “The highest legal structure in the world has confirmed there is occupation, and it is illegal.”
However, Israeli officials has claimed that the ICJ and many nations across the globe are driven by antisemitism.
“The decision in The Hague proves for the umpteenth time that this is a distinctly antisemitic and political organization,” stated National Security Minister Itamar Ben-Gvir. He reiterated his call for the full annexation of the West Bank and Gaza and insisted that “the time has come for governance and sovereignty.”
Moreover, Finance Minister Bezalel Smotrich, anticipating the ruling, urged Prime Minister Benjamin Netanyahu to defy international legal obligations by annexing the recognized Palestinian territories. This stance aligns with the broader hard-right perspective within the Israeli government.
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