The UN’s International Court of Justice (ICJ) has issued a landmark advisory opinion ordering Israel to end its occupation of Palestinian territories “as rapidly as possible” and to provide full reparations for its “internationally wrongful acts.” This non-binding opinion, which highlights multiple breaches of international law by Israel, including actions amounting to apartheid, was given in response to a request from the UN General Assembly in 2022.
The ICJ found that Israel’s occupation violated fundamental principles of international law, including the prohibition of the acquisition of territory by force and the Palestinian people’s right to self-determination. The court also called on other states not to recognize the occupation as lawful nor to aid or assist it.
In reading the court’s opinion, ICJ President Nawaf Salam stated that Israel’s sustained abuse of its position as an occupying power, through annexation and permanent control over the occupied territories, rendered its presence unlawful. Violations identified by the court included forcible evictions, house demolitions, movement restrictions, transfer of settlers to the West Bank and East Jerusalem, failure to prevent attacks by settlers, and exploitation of natural resources.
The opinion comes amidst ongoing conflicts and pressures on Israel to end its military actions in Gaza. Israel, which did not participate in the proceedings, has rejected the opinion, stating that it disregards its right and duty to protect its citizens and security concerns. The Palestinian president’s office welcomed the decision as a “historic” victory for justice, urging for its implementation.
Additionally, the court ordered Israel to cease all unlawful acts, including new settlement activities, and to repeal discriminatory legislation. Reparations outlined by the ICJ include restitution, compensation, or satisfaction, with specific requirements such as returning seized property, evacuating settlers, dismantling parts of the wall in occupied territories, and allowing displaced Palestinians to return to their original residences.
Israel’s foreign ministry dismissed the opinion as fundamentally wrong and one-sided, maintaining that a political settlement could only be reached through negotiations. The ICJ’s findings are expected to have significant political implications, including the illegality of US and other embassies in Jerusalem, which the court stated must be removed for international law to be respected.
