International Court of Justice (ICJ) holds a hearing to allow parties to give their views on the legal consequences of Israel’s occupation of the Palestinian territories before eventually issuing a non-binding legal opinion in The Hague, Netherlands, February 19, 2024. REUTERS/Piroschka van de Wouw/File photo
The International Court of Justice (ICJ), the principal judicial body of the United Nations, issued a landmark advisory opinion on Friday, declaring that Israel’s occupation of Palestinian territories and the establishment of settlements therein are illegal and must be terminated at the earliest opportunity. This opinion represents the ICJ’s most unequivocal stance to date on the Israel-Palestine conflict. While the advisory opinion is not legally binding, it holds significant weight under international law and may influence global support for Israel.
President Nawaf Salam, representing the ICJ’s 15-judge panel, articulated the court’s findings, stating, “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.” The court further asserted that Israel is obligated to provide restitution for damages incurred and to facilitate the evacuation of all settlers from the current settlements.
In response, Israel’s Ministry of Foreign Affairs rejected the opinion, labeling it as “fundamentally wrong” and biased, reaffirming its position that a political resolution in the region can only be achieved through negotiations. The office of Israeli Prime Minister Benjamin Netanyahu echoed this sentiment, asserting, “The Jewish nation cannot be an occupier in its own land.”
The ICJ’s findings also provoked strong reactions from West Bank settlers and certain Israeli politicians. Finance Minister Bezalel Smotrich, whose nationalist religious party is closely aligned with the settler movement, responded on social media by advocating for the formal annexation of the West Bank. Israel Gantz, head of the Binyamin Regional Council, one of the largest settler councils, condemned the ICJ opinion as being “contrary to the Bible, morality, and international law.”
The ICJ also determined that the United Nations Security Council, the General Assembly, and all member states are obligated not to recognize the occupation as lawful and must refrain from providing any aid or assistance that would support Israel’s presence in the occupied territories. The United States, Israel’s primary military ally and supporter, was implicated in this context.
The Palestinian Ministry of Foreign Affairs hailed the opinion as “historic,” urging all states to comply with its directives. Palestinian envoy Riyad al-Maliki, speaking outside the court in The Hague, called for an end to all forms of support for Israel’s occupation, including financial, military, and trade-related assistance.
This case originated from a 2022 request for a legal opinion by the United Nations General Assembly, preceding the conflict in Gaza that began in October. Israel captured the West Bank, Gaza Strip, and East Jerusalem during the 1967 Middle East war, regions that the Palestinians claim for a future state. Israeli leaders maintain that these territories are not legally occupied as they are disputed lands. However, the United Nations and the majority of the international community consider them occupied territory.
In February, more than 50 nations submitted their perspectives to the court. Palestinian representatives urged the court to mandate Israel’s withdrawal from all occupied areas and the dismantling of illegal settlements. While Israel did not participate in the oral hearings, it submitted a written statement arguing that an advisory opinion would be detrimental to peace efforts. Most participating states requested the court to deem the occupation illegal, whereas a few, including Canada and Britain, recommended against issuing an advisory opinion. The United States advised the court to avoid ordering the unconditional withdrawal of Israeli forces, advocating for a decision that would not impede negotiations towards a two-state solution based on a “land for peace” principle.
In a precedent-setting 2004 advisory opinion, the ICJ declared that the Israeli separation barrier around much of the West Bank was illegal, and that Israeli settlements were established in contravention of international law. Israel dismissed that ruling at the time.
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