ICJ declares Israel’s occupation of Palestinian territories unlawful

The International Court of Justice (ICJ), the principal judicial organ of the UN, holds public hearings on the request for the indication of provisional measures submitted by South Africa in the case South Africa v. Israel on 11 and 12 January 2024, at the Peace Palace in The Hague, the seat of the Court. Session held under the presidency of Judge Joan E. Donoghue, President of the Court. The Court’s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized UN organs and agencies.

The UN’s top court declared Israel’s decades-long occupation of Palestinian territory “illegal” and urged it to end promptly.

This advisory opinion, while non-binding, comes amid concerns over Israel’s Gaza conflict following Hamas’s October 7 attacks.

ICJ presiding judge Nawaf Salam stated Israel’s presence in Palestinian Territories is illegal, emphasizing the need for a rapid end to the occupation.

The court also ordered Israel to halt new settlement activities and evacuate settlers from occupied land.

Israel’s actions, including new settlements and a wall separating territories, equate to annexation of large parts of occupied land, the ICJ added.

A separate case by South Africa alleges genocidal acts by Israel during its Gaza offensive.

The UN General Assembly asked the ICJ in 2022 for an advisory opinion on the legal consequences of Israel’s policies in the Occupied Palestinian Territory.

In February, submissions were heard, with most urging Israel to end the 57-year occupation due to its “extreme danger” to Middle Eastern stability.

The ICJ was asked to consider the legal consequences of Israel’s violations of Palestinian self-determination rights.

This involves the prolonged occupation since 1967 and demographic changes in Jerusalem.

Israel captured territories in the 1967 war, later settling seized lands, which the UN deemed illegal.

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