In a decisive and clear ruling, the International Court of Justice (ICJ) on Friday declared that Israel’s 56-year rule over the Palestinian territories occupied since 1967 is “illegal,” calling for an end to Israel’s presence in these areas “as rapidly as possible.”
The ICJ found that Israel’s settlement policies in the West Bank violate international law, effectively annexing large portions of the West Bank and East Jerusalem, which Israel formally annexed in 1980. The court emphasized that these actions contravene international regulations and require Israel to cease its control, halt new settlement activities, and repeal legislation maintaining the unlawful situation. Furthermore, Israel must provide reparations for damages caused by its “wrongful acts.”
The court also mandated that all UN member states must not recognize changes to the status of the occupied territories and must not aid Israel’s administration of these areas. States are also required to ensure that any obstacles to the Palestinian people’s right to self-determination are removed.
Despite Israel’s complete withdrawal from the Gaza Strip in 2005, the ICJ noted that Israel continues to exercise significant control there, particularly highlighted since the Hamas-led October 7 attack which initiated the ongoing Gaza conflict.
The ICJ’s decision, while advisory and non-binding, poses a potential challenge to Israel’s international standing, potentially increasing political pressure amid its prolonged conflict with Hamas in Gaza. Israel did not participate in the hearings, submitting instead a written statement labeling the court’s questions as “prejudicial” and “tendentious.”
Netanyahu Condemns Decision
Prime Minister Benjamin Netanyahu, alongside numerous cabinet ministers and settler leaders, condemned the ruling, with calls for immediate formal annexation of the West Bank. Netanyahu asserted that the Jewish people are not occupiers in their own land, including Jerusalem and Judea and Samaria, rejecting the ICJ’s ruling as a distortion of historical truth and the legality of Israeli settlements.
Opposition lawmakers also denounced the decision. National Unity party leader Benny Gantz criticized it as “external interference,” while left-wing opposition members blamed Israeli policy for the outcome, citing de facto annexation and failure to negotiate with Palestinians as key issues undermining Israel’s democratic status.
Palestinian Authority Praises Ruling
The Palestinian Authority (PA), which pushed for the advisory opinion, hailed the decision. PA President Mahmoud Abbas called it a historic ruling, demanding Israel’s compliance. The PA described the decision as a victory for justice, affirming the illegitimacy of the Israeli occupation.
Hamas also praised the ruling, urging the international community to take immediate action to end the occupation.
Implications and Next Steps
The UN General Assembly requested the advisory opinion in January 2023, seeking clarity on the legal consequences of Israel’s prolonged occupation and settlement activities. The ICJ’s ruling underscores the illegal nature of Israeli settlements and the annexation of Palestinian territories, reinforcing the need for adherence to international law.
The ICJ’s findings highlight the Israeli policies and practices that entrench control over the occupied territories, calling for a comprehensive cessation of such activities to respect the Palestinian right to self-determination and uphold international law.
