Top UN court says Israel’s presence in occupied Palestinian territories ‘unlawful’

The International Court of Justice (ICJ) opinion determined for the first time that Israel’s annexation and settlement of Palestinian territory violated a prohibition of acquiring territory by force, and that it violates international law.

“The Court reaffirms that the Israeli settlements in the West Bank and East Jerusalem, and the régime associated with them, have been established and are being maintained in violation of international law,” the ICJ said in the opinion.

The ICJ added Israel was annexing land in Palestinian territory under “policies and practices are designed to remain in place indefinitely and to create irreversible effects on the ground”.

Specifically, the court found that the transfer of Israeli settlers to the West Bank and East Jerusalem is contrary to the sixth paragraph of Article 49 of the Fourth Geneva Convention, which states that an occupying power must not transfer its own civilian population into a territory it holds.

The court also noted Israel violated the Geneva Convention by extending its legal authority to Israeli settlers but imposing a harsher military law on Palestinians; by forcible evictions, extensive house demolitions and restrictions on residence and movement of Palestinians; and by a “systematic failure” to address violence against Palestinians in the territories, along with other discriminatory practices.

“It is a wrongful act of a continuing character which has been brought about by Israel’s violations, through its policies and practices, of the prohibition on the acquisition of territory by force and the right to self-determination of the Palestinian people,” the court said.

“Consequently, Israel has an obligation to bring an end to its presence in the Occupied Palestinian Territory as rapidly as possible,” the ICJ added, also calling for Israel to issue reparations for the wrongdoing, including by returning land and property.

The ICJ ruling is an advisory opinion and not a binding order. But it puts more pressure on Israel, which is waging a war against Palestinian militant group Hamas in Gaza that has sparked widespread concern over the more than 38,500 Gazans who have been killed in nearly 10 months of war. The ICJ also calls for all states to not assist Israel in any way with its occupation of Palestinian territories.

Israel captured the West Bank, East Jerusalem and Gaza in a 1967 war. Israel returned Gaza to the rule of Palestinians in 2005 but continues to have authority over the West Bank and East Jerusalem, where Palestinians live.

Israel has been accused of violating international law by encroaching into Palestinian territory through the expansion of Israeli settlements, an issue that even Tel Aviv’s most ardent ally, Washington, has called the nation out on. It has also come under pressure for a harsh rule over the Palestinian people in occupied territories.

The United Nations announced over the spring that the size of Israeli settlements in the West Bank and East Jerusalem increased dramatically from November 2022 to October 2023, with more than 24,000 housing units being added in that period.

The ICJ case was brought before the court after a 2022 request from the United Nations General Assembly to seek an opinion from the court on the impact of Israeli settlements and occupation in Palestinian territory.

The court heard from some 52 countries, including the state of Palestine, on the issue, the largest bloc of nations in one case since the ICJ was founded in 1945. Oral arguments were made in February.

The ICJ is also hearing a separate case filed by South Africa over the war in Gaza, with South African officials accusing Israel of genocide. That case may take years to resolve.