In a landmark opinion, the UN’s top court, the International Court of Justice (ICJ), has declared that Israel’s occupation of Palestinian territories is against international law. The ICJ has called on Israel to cease settlement activity in the occupied West Bank, East Jerusalem, and Gaza and to end its “illegal” occupation of these areas as soon as possible.
The court’s advisory opinion, while not legally binding, carries significant political weight. This marks the first time the ICJ has delivered a position on the legality of the 57-year occupation.
The ICJ, based in The Hague, Netherlands, has been examining the issue since early last year at the request of the UN General Assembly. The court was specifically asked to assess Israel’s policies and practices towards the Palestinians and the legal status of the occupation.
Nawaf Salam, president of the ICJ, read out the nonbinding advisory opinion on Israel’s occupation of Palestinian territory on Friday. He stated that Israel is in breach of the sixth paragraph of Article 49 of the Fourth Geneva Convention, which prohibits the occupying power from deporting or transferring part of its civilian population into the territory it occupies.
“Israeli settlements in the West Bank and East Jerusalem, and the regime associated with them, have been established and are being maintained in violation of international law,” Salam said, reading the findings of the 15-judge panel. He added that Israel’s policies and practices in the Palestinian territory amount to the annexation of large parts of these territories and that the court finds Israel systematically discriminates against Palestinians in the occupied territory.
In response to the ICJ ruling, Israeli Prime Minister Benjamin Netanyahu issued a statement: “The Jewish people are not occupiers in their own land—neither in our eternal capital Jerusalem nor in our ancestral heritage in Judea and Samaria. No false decision in The Hague can distort this historical truth, nor can it undermine the legality of Israeli settlements in all parts of our homeland.”
The ICJ’s opinion underscores the ongoing international debate over the legality and ethics of Israel’s settlement activities and its broader occupation of Palestinian territories. While the ruling may not bring immediate legal changes, it adds significant pressure on Israel from the international community and bolsters the Palestinian case for sovereignty and rights.