ATHENS / GENEVA

The International Court of Justice (ICJ) on Friday said Israel's presence in Palestine is unlawful, and its policies and practices in the West Bank and East Jerusalem "amount to annexation of large parts" of the occupied Palestinian territories.

The top UN court presented its advisory opinion regarding legal consequences arising from the policies and practices of Israel in the occupied Palestinian territory, upon request of the UN General Assembly in late 2022.

The opinion was read out by Nawaf Salam, president of the world court, which unanimously found that it had jurisdiction to give the advisory opinion requested.

The court listed some of the policies and practices that "amount to annexation" such as the expansion of settlements, the exploitation of natural resources, the proclamation of Jerusalem as Israel's capital, the comprehensive application of Israeli domestic law in East Jerusalem and its extensive application in the West Bank, entrenching Israel's control of the occupied Palestinian territory.

These policies and practices are designed to "maintain in place indefinitely ... and to create irreversible effects on the ground," the court said, adding that it is "not convinced" that extending Israeli law to the West Bank and East Jerusalem is justified.

The 15-judge panel of the court considered that "Israel is not entitled to sovereignty over or to exercise sovereign powers in any part of the occupied Palestinian territory on account of its occupation."

"Nor can Israel’s security concerns override the principle of the prohibition of the acquisition of territory by force," it added.

Israel captured the West Bank, including East Jerusalem, in 1967 and has since built illegal settlements and expanded them.  

Israel's settlement policy is in breach of int'l law

On Israel's settlement policy, which included forcible evictions of protected populations, and the transfer of settlers, the court stressed the actions violate the 4th Geneva Convention.

The court noted "with grave concern reports that Israel’s settlement policy has been expanding" since its 2004 advisory opinion.  

Israel’s continued presence in occupied Palestinian territory 'unlawful'

The ICJ, by 11 votes to four, said Israel's continued presence in the occupied Palestinian territory is "unlawful," which should end "as rapidly as possible."

In a vote of 14 against one, the court urged Israel to "cease immediately all new settlement activities and to evacuate all settlers" from the occupied Palestinian territory, and that it has the obligation to make reparation for the damage caused to all the natural or legal persons concerned in the occupied Palestinian territory.

"All States are under an obligation not to recognize as legal the situation arising from the unlawful presence of the State of Israel in the Occupied Palestinian Territory and not to render aid or assistance in maintaining the situation created by the continued presence of the State of Israel in the occupied Palestinian territory," it suggested by 12 votes in favor and three against.

With a 12-3 vote, the ICJ reminded international organizations, including the UN, about their obligation "not to recognize as legal the situation arising from the unlawful presence" of Israel.

"The United Nations, and especially the General Assembly, which requested the opinion, and the Security Council, should consider the precise modalities and further action required to bring to an end as rapidly as possible the unlawful presence of the State of Israel in the occupied Palestinian territory," it opined with 12 votes in favor and three against it.  

Mention to 'racial segregation, apartheid' article

The ICJ also mentioned Article 3 of the Committee on the Elimination of Racial Discrimination (CERD) on "racial segregation and apartheid" in its advisory opinion, finding Israeli legislation and measures "constitute a breach" of the article.

The article says: "States Parties particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction."

"This provision refers to two particularly severe forms of racial discrimination: racial segregation and apartheid," the court said, noting that Israel’s legislation and measures impose and serve to "maintain a near-complete separation" in the West Bank and East Jerusalem between settler and Palestinian communities.

"Israel’s legislation and measures constitute a breach of Article 3 of CERD," it added.

The court said Israel has an obligation to repeal all legislative measures creating or maintaining unlawful situations, including those that discriminate against Palestinians.

Finally, the ICJ noted that it considers "the realization of the right of the Palestinian people to self-determination, including its right to an independent and sovereign state, living side by side in peace with the State of Israel within secure and recognized borders for both states, as envisaged in resolutions of the Security Council and General Assembly, would contribute to regional stability and the security of all states in the Middle East."

The Palestinian presidency described the decision as "a triumph for justice," and "reaffirmation of the Palestinian people's right to self-determination, their land and their statehood" while Israeli Prime Minister Benjamin Netanyahu termed the non-binding opinion as "absurd" and the Foreign Ministry rejected it.