Sunday, July 28, 2024

ICJ: Israel’s Occupation of Palestinian Territory Is Illegal

The vote at the International Court of Justice against Israel’s occupation was 11-4. The court also voted to call on Israel to evacuate all settlers from the West Bank.

The Peace Palace, seat of the International Court of Justice, at The Hague, Netherlands. (UN Photo/ICJ/Jeroen Bouman, Flickr, CC BY-NC-ND 2.0)

By Jake Johnson
Common Dreams

The International Court of Justice said Friday that Israel’s decades long occupation of Gaza and the West Bank, including East Jerusalem, is unlawful and must end.

The court’s non-binding advisory opinion was read aloud by ICJ President Nawaf Salam, a Lebanese judge and academic. Salam said the court determined based on “extensive evidence” that Israel is guilty of confiscating “large areas” of Palestinian land for use by Israeli settlers, exploiting natural resources and undermining the local population’s right to self-determination under international law.

The court pointed to “Israel’s systematic failure to prevent or punish” settler violence and “demolition of Palestinian property” in the West Bank as part of its case that the Israeli government’s actions in the occupied territories are indicative of an attempt to permanently annex land and forcibly transfer Palestinians from their homes.

“Israel is not entitled to sovereignty in any part of the occupied Palestinian territory on account of its occupation, nor can security concerns override the prohibition on acquisition of territory by force,” said Salam.

The ICJ vote against Israel’s occupation was 11-4. The court also voted to call on Israel to evacuate all settlers from the West Bank. 

[In February, the Biden administration restored the 50-year old U.S. position that the occupation is “illegitimate” — not “illegal.”  The Trump administration Secretary of State Mike Pompeo announced that the U.S. no longer viewed the occupation as illegitimate.]

In a 12-3 vote, the ICJ said that all nations “are under an obligation not to recognize as legal the situation arising from the unlawful presence of the state of Israel in the occupied Palestinian territory and not to render aid or assistance in maintaining the situation created by the continued presence of the state of Israel in the occupied Palestinian territory.”

The United States was among the countries that warned the ICJ against advising that Israel must swiftly end its occupation.

Jake Johnson is a staff writer for Common Dreams.

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