Israel’s presence in occupied Palestinian territories illegal – UN court

Magistrates are seen at the International Court of Justice (ICJ) as part of South Africa's request on a Gaza ceasefire in The Hague, on May 24, 2024. (AFP)

Israel’s presence in occupied Palestinian territories illegal – UN court

THE HAGUE, Netherlands: The top UN court said Friday that Israel’s presence in the occupied Palestinian territories is “unlawful” and called on it to end and for settlement construction to stop immediately, issuing an unprecedented, sweeping condemnation of Israel’s rule over the lands it captured 57 years ago.

Israeli Prime Minister Benjamin Netanyahu quickly denounced the nonbinding opinion issued by the 15-judge panel of the International Court of Justice, saying the territories are part of the Jewish people’s historic “homeland.” But the resounding breadth of the decision could impact international opinion and fuel moves for unilateral recognition of a Palestinian state.

The judges pointed to a wide list of policies, including the building and expansion of Israeli settlements in the West Bank and east Jerusalem, use of the area’s natural resources, the annexation and imposition of permanent control over lands and discriminatory policies against Palestinians, all of which it said violated international law.

The court said Israel had no right to sovereignty in the territories, was violating international laws against acquiring territory by force and was impeding Palestinians’ right to self-determination. It said other nations were obliged not to “render aid or assistance in maintaining” Israel’s presence in the territories. It said Israel must end settlement construction immediately and that existing settlements must be removed, according to a summary of the more than 80-page opinion read out by court President Nawaf Salam.

Israel’s “abuse of its status as the occupying power” renders its “presence in the occupied Palestinian territory unlawful,” the court said, saying its presence must be ended as “rapidly as possible.”

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The court’s decision strikes at the heart of the ambiguity of Israel’s administration of the territories. Israel hasn’t annexed the West Bank — though settler groups have pressed it to do so — but it calls it part of its homeland and has effectively treated it as an extension of the nation. Along with the settlements, it has appropriated large swaths of the territory as “state lands.” At the same time, Netanyahu’s government has repeatedly rejected the creation of any Palestinian state. Abbas’ Palestinian Authority has been restricted to control over divided enclaves scattered around the West Bank.

The Palestinians presented arguments at hearings in February, along with 49 other nations and three international organizations. In the hearings, Malki accused Israel of apartheid and urged the United Nations’ top court to declare that Israel’s occupation of lands sought by the Palestinians is illegal and must end immediately and unconditionally for any hope for a two-state future to survive.

Erwin van Veen, a senior research fellow at the Clingendael think tank in The Hague, said before the decision that a ruling that Israel’s policies breach international law would “isolate Israel further internationally, at least from a legal point of view.”

He said such a ruling would remove “any kind of legal, political, philosophical underpinning of the Israeli expansion project.” It could also increase the number of countries that recognize a Palestinian state, in particular in the Western world, following the recent example of Spain and Norway and Ireland, he said.

It’s not the first time the ICJ has been asked to give its legal opinion on Israeli policies. Two decades ago, the court ruled that Israel’s West Bank separation barrier was “contrary to international law.” Israel boycotted those 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 frequently dips into the West Bank.

The court said that Israel’s construction of settlements in the West Bank violated international laws prohibiting countries from moving their population into territories they occupy.

Israel has built well over 100 settlements, according to the anti-settlement monitoring group Peace Now. The West Bank settler population has grown by more than 15 percent in the past five years to more than 500,000 Israelis, according to a pro-settler group. Their residents are Israeli citizens governed by domestic law and served by government ministries, services, banks and other businesses — effectively integrating them into Israel.

Israel also has annexed east Jerusalem and considers the entire city to be its capital. An additional 200,000 Israelis live in settlements built in east Jerusalem that Israel considers to be neighborhoods of its capital. Palestinian residents of the city face systematic discrimination, making it difficult for them to build new homes or expand existing ones.

The international community considers all settlements to be illegal or obstacles to peace since they are built on lands sought by the Palestinians for their state.

Netanyahu’s hard-line government is dominated by settlers and their political supporters. Netanyahu has given his finance minister, Bezalel Smotrich, a former settler leader, unprecedented authority over settlement policy. Smotrich has used this position to cement Israel’s control over the West Bank by pushing forward plans to build more settlement homes and to legalize outposts.