ICJ Rules Israel's Presence in Occupied Palestinian Territories Illegal
Nawaf Salam, president of the ICJ in The Hague, delivered the non-binding advisory opinion on Friday.
Salam stated that the regime is in breach of the sixth paragraph of Article 49 of the Fourth Geneva Convention, which prohibits the occupying power from deporting or transferring parts of its civilian population into the territory it occupies.
“Israeli settlements in the West Bank and East Jerusalem [al-Quds], and the regime associated with them, have been established and are being maintained in violation of international law,” Salam said, summarizing the findings of a 15-judge panel.
He further noted that the regime's policies and practices in the Palestinian territories amount to the annexation of large parts of these territories and that the court finds Israel "systematically discriminates" against Palestinians in the occupied territories.
The case originated from a 2022 request by the UN General Assembly.
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Regarding the Israeli occupation of the Palestinian territories, the court highlighted that Israel’s “exploitation of natural resources” in these areas is “inconsistent with its obligation” to respect Palestinians' right to sovereignty.
Specifically addressing the forcible evictions in East al-Quds and the West Bank, the court emphasized that Israel’s policies and practices violate the Fourth Geneva Convention’s prohibition on the forcible transfer of protected populations.
“Israel’s settlement policy is in breach of the Fourth Geneva Convention,” the court highlighted.
Additionally, the court noted that Israel has continued to exercise key authority over the Gaza Strip despite withdrawing its military presence in 2005.
The ICJ, also known as the World Court, is the highest UN body for adjudicating disputes between states.
In a separate case brought by South Africa, the ICJ is examining allegations that Israel is committing genocide in its war on Gaza.
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A preliminary ruling in that case has already been issued, ordering the regime to prevent and punish incitement to genocide and to increase humanitarian aid provisions.
The ICJ also ordered Israel to halt its offensive on Rafah, citing “immense risk” to hundreds of thousands of Palestinians sheltering there. However, Israel has continued its attacks on Gaza, including Rafah, in defiance of the UN court.
More than 38,800 Palestinians, mostly women and children, have been killed in the Gaza Strip as a result of Israeli attacks in the past nine months. The Israeli aggression has also leveled large swaths of the besieged area, displacing some 90% of its 2.3 million population.
Source: Agencies
