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The UN’s top court said on Friday in a non-binding opinion that Israel’s nearly 60-year occupation of Palestinian territories violates international law and must be ended as soon as possible.
Israel’s presence in the occupied Palestinian territories is illegal, said International Court of Justice (ICJ) President Nawaf Salam. Israeli Prime Minister Benjamin Netanyahu rejected the opinion and indicated that his country would not comply with it.
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The opinion said Israel’s settlement policy means Israel is effectively guilty of annexation.
Although not legally binding, the decision is expected to add to the international political pressure on Israel. The opinion is also likely to fuel the pro-Palestinian protest movement worldwide.
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The decision came from the 15 top UN judges in The Hague, where the court is based.
A record 52 states submitted arguments to the court.
UN Secretary General António Guterres would pass the decision to the General Assembly, which had requested the court’s advice, he said in a statement.
“It is for the General Assembly to decide how to proceed in this matter.”
Guterres reiterated his call for a humanitarian ceasefire and the unconditional release of all hostages held in Gaza.
“The parties must re-engage on the long-delayed political path towards ending the occupation and resolving the conflict in line with international law, relevant UN resolutions and bilateral agreements,” he added.
Netanyahu calls The Hague decision a mistake
Netanyahu wrote on X: “The Jewish people are not occupiers in their own land. No mistaken decision in The Hague will alter the historical truth, nor can the legality of Israeli settlements throughout our homeland be challenged.”
The court described Israel’s occupation of Palestinian territories as an “annexation” of large areas. Israel also does nothing to prevent or punish settler violence against Palestinians, the court said, calling for an immediate halt to all new settlements.
The court also found that Israel abuses its power as an occupier. Palestinians are forced to leave the land they farm, and access to water is denied, it said.
Palestinians call opinion a triumph of justice
Palestinian President Mahmoud Abbas welcomed the opinion, calling it ” a triumph for justice, affirming that the Israeli occupation is illegal.”
Abbas called on the international community “to compel Israel, the occupying power, to fully and immediately end its occupation and colonial project without conditions or exceptions,” according to a statement from the presidential office in Ramallah.
In 2022, the UN General Assembly asked the ICJ to determine the legal consequences of Israel’s occupation of the territories – long before the start of the Israel-Hamas war that erupted last October.
Opinion strengthens pro-Palestinian protest movement
Not only will the international pro-Palestinian protest movement feel strengthened in their demands for sanctions or boycotts, but more Western countries may now recognize Palestine as a state. The opinion could also impact Western arms deliveries to Israel.
The judges also clearly reminded UN member states of their responsibilities. They must not support the occupation policy or accept the status quo created by Israel.
The pressure from Western allies had already increased due to the ongoing attacks on the Gaza Strip.
The terror attack by the Palestinian Islamist movement Hamas in October, which resulted in hundreds of deaths, triggered the war. However, tens of thousands of people have now been killed, and the suffering of the population is immense.
Occupation dates back to the Six-Day War of 1967
Israel took control of the West Bank, the Gaza Strip and East Jerusalem during the Six-Day War in 1967. However, the Palestinians claim these areas for a state of their own.
The number of Israeli settlers in the West Bank, which lies between the Israeli heartland and Jordan, has meanwhile risen to around half a million. Including East Jerusalem, the figure is as high as 700,000.
In 2005, Israel withdrew from Gaza but continues to control its borders by land, sea, and air. The court asserts that Palestinians have a right to self-determination, but this right is being denied by Israel.
The judges emphasized that a solution to the conflict must come from the international community. They called on the UN General Assembly and the Security Council to intensify their efforts for a peaceful and lasting resolution.
Judges previously issued a legal opinion against Israel
This is the second legal opinion from the court on Israel’s occupation policy. Twenty years ago, in July 2004, the judges had already declared that the wall built by Israel in the West Bank violated international law and must therefore be dismantled. Israel did not comply with this ruling.
The opinion presented on Friday is separate from another proceeding before the UN court. In 2023, South Africa brought Israel before the court and accused the country of genocide due to the attacks on the Gaza Strip. Israel disputes these allegations.
In two interim decisions, the court admonished Israel to do everything possible to prevent genocide.
Credit: Yahoo News