Israel's occupation of Palestinian territory is 'illegal' according to top UN court (2024)

  • International
  • Israel/Palestine

The International Court of Justice's legal opinions are not binding, but they do carry considerable political weight.

Le Monde with AP

Published yesterday at 4:34 pm (Paris), updated yesterday at 5:53 pm

2 min read

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Israel's occupation of Palestinian territory is 'illegal' according to top UN court (1)

Israel's decades-long occupation of the Palestinian territories is illegal and needs to end "as rapidly as possible", the UN's top court said Friday, July 19. The UN's General Assembly had asked the International Court of Justice (ICJ) in late 2022 to give an "advisory opinion" on the "legal consequences arising from the policies and practices of Israel in the Occupied Palestinian Territory, including East Jerusalem".

"The court has found that Israel's continued presence in the Palestinian Territories is illegal," ICJ presiding judge Nawaf Salam said Friday, adding: "Israel must end the occupation as rapidly as possible." "The State of Israel is under the obligation to bring an end to its unlawful presence in the Occupied Palestinian Territory as rapidly as possible," the judge added.

The ICJ held a week-long session in February to hear submissions from countries following the request – supported by most countries within the assembly. Most speakers during the hearings called on Israel to end its 57-year occupation. They warned a prolonged occupation posed an "extreme danger" to stability in the Middle East and beyond.

But the United States said Israel should not be legally obliged to withdraw without taking its "very real security needs" into account. Israel did not take part in the oral hearings. Instead, it submitted a written contribution in which it described the questions the court had been asked as "prejudicial" and "tendentious".

The Israel-imposed regime in the West Bank and Gaza Strip dates back more than half a century. Several reports by the UN Office of the High Commissioner for Human Rights have deemed the occupation illegal "due to its permanence and the Israeli government's de facto annexation policies." No judge, however, had so far confirmed this. Although the ICJ's legal opinions are not binding, they do carry considerable political weight, as legal experts like to point out.

Read more Subscribers only Israeli occupation of Palestine on trial at the ICJ

The office of Palestinian President Mahmud Abbas welcomed a "historic" decision. "The presidency welcomes the decision of the International Court of Justice, considers it a historic decision and demands that Israel be compelled to implement it," it said in a statement on official Palestinian news agency Wafa. Abbas's office added that it considers "the court's decision a victory for justice, as it confirmed that the Israeli occupation is illegitimate".

The Palestinian foreign ministry called it "a watershed moment for Palestine, for justice and for international law". "Israel is under an obligation to end this illegal colonial enterprise unconditionally, and in our view, that means immediately and totally," it added.

Netanyahu slams decision

Prime Minister Benjamin Netanyahu for his part said the ICJ made a "decision of lies" on Friday. Netanyahu led a chorus of condemnation of the UN court's ruling from conservative, far-right and even centrist politicians in Israel. "The Jewish people are not occupiers in their own land – not in our eternal capital Jerusalem, nor in our ancestral heritage of Judea and Samaria" (the occupied West Bank), Netanyahu said in a statement. "No decision of lies in The Hague will distort this historical truth, and similarly, the legality of Israeli settlements in all parts of our homeland cannot be disputed."

Itamar Ben Gvir, the far-right national security minister and an outspoken champion of Jewish settlement expansion in the occupied West Bank, said: "The decision in The Hague proves yet again – this is a blatantly anti-Semitic and political organization." "We will not accept moral preaching from them," the minister said in comments sent to Agence France-Presse by a spokesperson. Ben Gvir called for Israel to seek "sovereignty" of the occupied territories through annexation.

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Far-right Finance Minister Bezalel Smotrich too called for steps towards annexation of the West Bank, posting on social media platform X: "The answer to The Hague – sovereignty now."

Centrist opposition leader Yair Lapid criticized the court's ruling, calling it "disconnected, one-sided, tainted with anti-Semitism and lacking an understanding of the reality on the ground".

Read more Subscribers only In the shadow of the war in Gaza, Israel continues its annexation of the West Bank

Le Monde with AP

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Israel's occupation of Palestinian territory is 'illegal' according to top UN court (2024)

FAQs

Israel's occupation of Palestinian territory is 'illegal' according to top UN court? ›

THE HAGUE, July 19 (Reuters) - The United Nations' highest court said on Friday that Israel's occupation of Palestinian territories and settlements there are illegal and should be withdrawn as soon as possible, in its strongest findings to date on the Israel-Palestinian conflict.

What is the legal status of the Palestinian territories? ›

The Palestine Liberation Organization (PLO) declared the establishment of the State of Palestine on November 15, 1988. As of June 2024, the State of Palestine is recognized as a sovereign state by 145 of the 193 member states of the United Nations.

What did the United Nations decide do about the Israeli Palestinian conflict over the land of Palestine? ›

After looking at alternatives, the UN proposed terminating the Mandate and partitioning Palestine into two independent States, one Palestinian Arab and the other Jewish, with Jerusalem internationalized (Resolution 181 (II) of 1947).

What are the disputed territories occupied by Israel but held by Palestinians? ›

The Occupied Territories, which include the West Bank, East Jerusalem, and the Gaza Strip, are subject to the jurisdiction of Israel and the Palestinian Authority (PA), with the division of responsibilities overlapping in much of the territory.

Why did the UN give Israel land? ›

The UN Partition Plan thus represents both the fruits of Zionist efforts to secure international recognition of Jewish sovereignty in Palestine and the immediate precursor to the establishment of the State of Israel in May 1948, predicated as it was on the expulsion of hundreds of thousands of Palestinians from their ...

Can Palestinians own land in Israel? ›

Under Israeli law, the ILA cannot lease land to foreign nationals, which includes Palestinian residents of Jerusalem who have identity cards but are not citizens of Israel. In practice, foreigners may be allowed to lease if they show that they would qualify as Jewish under the Law of Return.

Is Israel illegal under international law? ›

International legal opinions. At present, based on the result of numerous UN resolutions that cite Article 49 of the Geneva Convention, the consensus view of the international community is that Israeli settlements are illegal and constitute a violation of international law.

What is the reason behind the Israeli Palestinian conflict? ›

The Arab population in Palestine opposed the increase of the Jewish population because the new immigrants refused to lease or sell land to Palestinians, or hire them. During the 1920s relations between the Jewish and Arab populations deteriorated and the hostility between the two groups intensified.

Was Palestine ever a country before Israel? ›

While the State of Israel was established on 15 May 1948 and admitted to the United Nations, a Palestinian State was not established. The remaining territories of pre-1948 Palestine, the West Bank - including East Jerusalem- and Gaza Strip, were administered from 1948 till 1967 by Jordan and Egypt, respectively.

Who today controls most of the territory that the UN divided as Israel and Palestine? ›

Presently, most of the West Bank is administered by Israel though 42% of it is under varying degrees of autonomous rule by the Fatah-run Palestinian Authority. The Gaza Strip is currently under the control of Hamas.

Does Israel recognize Palestine? ›

In an attempt to solve the decades-long Israeli–Palestinian conflict, the Oslo Accords were signed between Israel and the PLO in 1993 and 1995, creating the Palestinian Authority (PA) as a self-governing interim administration in the Gaza Strip and around 40% of the West Bank.

What is the issue between Israel and Palestine? ›

Key aspects of the conflict include the Israeli occupation of the West Bank and Gaza Strip, the status of Jerusalem, Israeli settlements, borders, security, water rights, the permit regime, Palestinian freedom of movement, and the Palestinian right of return.

Who legally owns the West Bank? ›

General Assembly resolution 58/292 (17 May 2004) affirmed that the Palestinian people have the right to sovereignty over the area. The International Court of Justice and the Supreme Court of Israel have ruled that the status of the West Bank is that of military occupation.

Is Palestine a country, yes or no? ›

Palestine, officially the State of Palestine, is a country in the southern Levant region of West Asia, encompassing the Israeli-occupied West Bank and Gaza Strip, within the larger historic Palestine region. The country shares most of its borders with Israel, and borders Jordan to the east and Egypt to the southwest.

Why is Palestine not a member of the UN? ›

2015–2020 and recognition. By September 2012, with their application for full membership stalled due to the inability of Security Council members to 'make a unanimous recommendation', the Palestine Authority had decided to pursue an upgrade in status from "observer entity" to "non-member observer state".

Why did Palestine lose land? ›

In 1967, the Six-Day War broke out between Israel and a coalition of Arab countries, including Egypt, Jordan, and Syria. This conflict drastically changed the landscape of Palestine, with Israel capturing the West Bank, East Jerusalem, and the Gaza Strip.

Does Palestine have a legal system? ›

The Palestinian Authority operates under its own criminal law, such as its Penal Code. In addition, "the Palestinian Authority also imposes the death penalty pursuant to the PLO Revolutionary Penal Code, of 1979." The PNA utilizes both military and special, state security courts for most death penalty cases.

Who controls the Palestinian territories? ›

Geography. The Palestinian Territories refers to the Gaza Strip and the West Bank (including East Jerusalem). The Palestinian Authority currently administers some 39% of the West Bank. 61% of the West Bank remains under direct Israeli military and civilian control.

Can Americans visit Palestinian territories? ›

Access to Jerusalem and the West Bank is completely controlled by the Government of Israel. Access to Gaza is controlled by Israel and Egypt. Entry to the occupied Palestinian territories requires only a valid international passport.

Does the US recognize Palestine as a country? ›

While the U.S. does not recognize the State of Palestine, it recognizes the Palestine Liberation Organization (PLO) as the legitimate representative entity for the Palestinian people; following the Oslo Accords, it recognized the Palestinian National Authority as the legitimate Palestinian government of the Palestinian ...

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