The UN's top court has Issued an unprecedented, sweeping condemnation of Israel’s rule over the lands it captured 57 years ago.
ADVERTISEMENTThe top UN court declared on Friday that Israel’s presence in the Palestinian occupied territories is “unlawful” and called for an immediate cessation of settlement construction, condemning Israel’s control over the lands it captured 57 years ago.
In a non-binding opinion, the International Court of Justice (ICJ) cited various policies, including the expansion of Israeli settlements in the West Bank and east Jerusalem, exploitation of natural resources, annexation, and discriminatory policies against Palestinians, all of which it stated violate international law.
The 15-judge panel asserted that Israel's “abuse of its status as the occupying power" renders its “presence in the occupied Palestinian territory unlawful.” It emphasised that Israel’s continued presence is “illegal” and should be ended “as rapidly as possible.” According to the 83-page opinion read by court President Nawaf Salam, Israel must cease settlement construction immediately, and existing settlements must be dismantled.
Israel, which frequently views the United Nations and international tribunals as biased, did not send a legal team to the hearings. However, it submitted written comments, arguing that the questions posed to the court were prejudiced and did not consider Israeli security concerns. Israeli officials have claimed that the court's involvement could undermine the peace process, which has been stagnant for over a decade.
In response to the ruling, Israeli Prime Minister Benjamin Netanyahu reiterated that the West Bank and east Jerusalem are part of the Jewish people's historical “homeland.” He stated on social media, “The Jewish people are not conquerors in their own land – not in our eternal capital Jerusalem and not in the land of our ancestors in Judea and Samaria.” He dismissed the court's decision as a distortion of historical truth and argued that the legality of Israeli settlements in these territories is indisputable.
While the court's opinion, sought by the UN General Assembly following a Palestinian request, is unlikely to alter Israel's policy, its comprehensive nature, including the assertion that Israel cannot claim sovereignty in the territories and is obstructing Palestinians' right to self-determination, could influence international opinion.
This development comes amid Israel’s ongoing 10-month military campaign in Gaza, triggered by Hamas-led attacks in southern Israel. Separately, the ICJ is considering a South African claim that Israel’s actions in Gaza amount to genocide, a charge that Israel vehemently denies.
Israel captured the West Bank, east Jerusalem, and Gaza Strip in the 1967 Mideast war. The Palestinians aim to establish an independent state in these areas. Israel views the West Bank as disputed territory, whose future should be determined through negotiations, and has established settlements to solidify its hold. It has annexed east Jerusalem in a move unrecognised internationally, and while it withdrew from Gaza in 2005, it has maintained a blockade since Hamas took control in 2007. The international community generally considers all three areas to be occupied territory.
During hearings in February, then-Palestinian Foreign Minister Riad Malki accused Israel of "apartheid" and urged the court to declare that Israel’s occupation is illegal and must end immediately and unconditionally for a two-state solution to remain viable. The Palestinians presented their case alongside 49 other nations and three international organisations.
Erwin van Veen, a senior research fellow at the Clingendael think tank in The Hague, suggested that if the court finds Israel’s policies in the West Bank and east Jerusalem to be in breach of international law, it could “isolate Israel further internationally, at least from a legal point of view.” Such a ruling would weaken the justification for occupation and bolster advocates for boycotts, divestment, and sanctions against Israel. It could also encourage more countries, particularly in the Western world, to recognise the state of Palestine.
This is not the first time the ICJ has issued an opinion on Israeli policies. Two decades ago, the court ruled that Israel’s West Bank separation barrier was “contrary to international law.” Israel boycotted those proceedings, claiming they were politically motivated.
Israel maintains that the barrier is a security measure, while Palestinians view it as a land grab since it frequently extends into the West Bank.
According to Peace Now, an anti-settlement monitoring group, Israel has built over 100 settlements in the West Bank, with the settler population growing by more than 15% in the past five years to over 500,000 Israelis. Israel has also annexed east Jerusalem, with 200,000 Israelis living in settlements there, which Israel considers neighborhoods of its capital. Palestinians in the city face systematic discrimination, hindering their ability to build or expand homes.
The international community generally views all settlements as illegal and obstacles to peace, as they are constructed on land sought by the Palestinians for their state.
Netanyahu’s hard-line government, dominated by settlers and their political supporters, has given unprecedented authority over settlement policy to finance minister Bezalel Smotrich, a former settler leader. Smotrich has advanced plans for more settlement homes and legalised outposts. Authorities recently approved the appropriation of 12.7 square kilometres of land in the Jordan Valley, marking the largest single appropriation since the 1993 Oslo accords.
ADVERTISEMENTThe court's decision could significantly impact the international perception of Israel's policies and the broader Middle East peace process.