ICJ Declares Israel's Presence in Palestinian Territories Illegal, Calls for Immediate End

The International Court of Justice (ICJ), the top United Nations court, declared on Friday that Israel’s presence in the occupied Palestinian territories is illegal. The court issued a strong condemnation of Israel's control over these lands, which it captured 57 years ago, and called for an immediate halt to settlement construction.

Israeli Prime Minister Benjamin Netanyahu quickly denounced the non binding opinion of the 15-judge panel. Netanyahu asserted that the territories are part of the Jewish people's historic homeland. Despite the court's ruling, Netanyahu stated, "No false decision in The Hague will distort this historical truth."

The ICJ pointed to numerous policies, such as the expansion of Israeli settlements in the West Bank and East Jerusalem, exploitation of natural resources, and discriminatory practices against Palestinians. These actions, according to the court, violate international law. The court declared that Israel has no right to sovereignty in these territories and is obstructing the Palestinians' right to self-determination.

The court stressed that other nations must not support Israel's presence in the territories and urged for an immediate cessation of settlement construction. Existing settlements must also be dismantled. The court's opinion, summarized in an over 80-page document, called for Israel to end its occupation "as rapidly as possible."

The U.N. General Assembly requested the court’s opinion following a Palestinian appeal. This decision comes amidst Israel's military actions in Gaza, triggered by Hamas-led attacks on October 7. The ICJ is also considering a separate case from South Africa, alleging that Israel's campaign in Gaza amounts to genocide, a claim that Israel strongly denies.

The court suggested that the U.N. General Assembly and Security Council, where the U.S. holds a veto, should decide how to implement the end of Israel's presence in the territories. Israel did not send a legal team to the hearings but submitted written comments, arguing that the questions posed to the court were biased and overlooked Israeli security concerns.

Riad Malki, an adviser to Palestinian President Mahmoud Abbas, hailed the court’s opinion as a pivotal moment for Palestine and international law. Malki called on other nations to uphold their obligations and cease any actions that support Israel's occupation.

Israel captured the West Bank, East Jerusalem, and Gaza Strip in the 1967 Mideast war. The Palestinians seek these areas for an independent state. Israel considers the West Bank disputed territory and has moved populations there to reinforce its claim. Israel annexed East Jerusalem, a move not recognized internationally, and withdrew from Gaza in 2005 but maintained a blockade after Hamas took power in 2007.

Israel's administration of the territories remains ambiguous. While it has not formally annexed the West Bank, it treats the area as part of its homeland and has integrated it through settlements and appropriation of land as "state lands." Netanyahu's government, dominated by settler supporters, has opposed the creation of a Palestinian state. The Palestinian Authority's control is limited to fragmented enclaves in the West Bank.

At the ICJ hearings in February, the Palestinians and representatives from 49 countries and three international organizations presented their arguments. They accused Israel of apartheid and urged the court to declare Israel's occupation illegal. Erwin van Veen of the Clingendael think tank suggested that a ruling against Israel could further isolate it internationally and increase recognition of a Palestinian state.

This is not the first time the ICJ has ruled on Israeli policies. Two decades ago, the court declared Israel's West Bank separation barrier illegal, a decision Israel dismissed as politically motivated.

According to Peace Now, an anti-settlement 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. These settlers are Israeli citizens governed by Israeli law. In East Jerusalem, 200,000 Israelis live in settlements considered neighborhoods of Israel's capital, while Palestinian residents face systematic discrimination.

The ICJ's ruling is a significant challenge to Israel's policies in the occupied Palestinian territories. While the decision is nonbinding, it could influence international opinion and actions regarding the Israeli-Palestinian conflict.