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ICJ Deems Israeli Actions in Palestinian Territories Illegal

 July 20, 2024

The International Court of Justice (ICJ) has recently ruled on Israeli annexation of contested territories.

In a landmark opinion heralded by the global left, the ICJ deemed Israel’s policies in West Bank and East Jerusalem as unlawful annexations, as Axios reports.

The advisory opinion, published last Friday, marks a pivotal moment in the ongoing Israeli-Palestinian conflict. The court's findings, although not enforceable, carry significant weight in international law.

This development came after a U.N. General Assembly resolution, initiated by the Palestinian Authority in December 2022, seeking the court's evaluation of the controversy.

Global Reactions and Israeli Concerns

Following the opinion's publication, there is growing concern among Israeli officials about potential sanctions from Western countries, including the U.S.

These fears stem from the court's strong stance on the illegality of Israeli settlements and annexation policies in the occupied territories.

Israel did not participate in the court's hearings last February, indicating a dismissal of the proceedings.

The Israeli government argues that the court’s conclusions are politically motivated and overlook the complex security issues Israel faces, particularly from neighboring adversaries.

Legal Findings and International Law

The court's findings were clear: Israeli settlements violate international law, and the presence of settlers in these areas is unlawful. Moreover, the court highlighted the discriminatory nature of Israeli policies, which they stated contravene the Convention against Racial Discrimination.

This opinion follows extensive hearings and deliberations by the ICJ, culminating in a strong admonition of Israel's actions over the decades since occupation of key territories began in 1967. The court also underscored the ongoing violence against Palestinians as a direct consequence of these policies.

Implications for Israeli and Palestinian Relations

The court recommended that reparations be considered for Palestinians adversely affected by Israeli policies. Furthermore, it urged the global community to refrain from recognizing the legality of the Israeli presence in these territories.

The ICJ also suggested that the U.N. General Assembly and Security Council take further action to address these issues, reinforcing the call for an international response to the findings.

The U.S. stance aligns with the ICJ’s position on the settlements, affirming their illegality under international law. This adds another layer of international pressure on Israel to reconsider its policies in the disputed territories.

Voices from Israel and Palestine

In response to the ruling, the Israeli Foreign Ministry was quick to dismiss the opinion, criticizing it for blending politics with law and being detached from the complexities of the Middle East. They highlighted the ongoing security challenges Israel faces, especially from the attacks of Oct. 7 and the strategic need to defend its territory and citizens.

Conversely, Palestinian President Mahmoud Abbas’ office hailed the decision as a "victory for justice." They called upon the international community to ensure that Israel ends its occupation "completely and immediately, without any conditions."

Looking Forward: Regional Stability and Legal Challenges

The advisory opinion, though non-binding, sets a precedent in international law regarding annexation and occupation. This decision could potentially reshape the dynamics of Middle Eastern politics and influence future international relations and peace negotiations.

Statements from two far-right members of the Israeli government after the ruling called for further annexation of the West Bank, showcasing the internal divisions and the complex reactions within Israel itself.

In conclusion, the ICJ’s advisory opinion represents a significant legal and ethical stance on the decades-long Israeli occupation of Palestinian territories. It challenges the international community to act and reflects the ongoing struggle for a resolution that respects human rights and international law.