Israeli Occupation of Palestinian Territory ‘Illegal’, Says UN Top Court

The panel of judges, with President Nawaf Salam (C), at the International Court of Justice in The Hague, the Netherlands, during a non-binding ruling on the legal consequences of the Israeli occupation of the West Bank and East Jerusalem, 19 July 2024. (EPA)
The panel of judges, with President Nawaf Salam (C), at the International Court of Justice in The Hague, the Netherlands, during a non-binding ruling on the legal consequences of the Israeli occupation of the West Bank and East Jerusalem, 19 July 2024. (EPA)
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Israeli Occupation of Palestinian Territory ‘Illegal’, Says UN Top Court

The panel of judges, with President Nawaf Salam (C), at the International Court of Justice in The Hague, the Netherlands, during a non-binding ruling on the legal consequences of the Israeli occupation of the West Bank and East Jerusalem, 19 July 2024. (EPA)
The panel of judges, with President Nawaf Salam (C), at the International Court of Justice in The Hague, the Netherlands, during a non-binding ruling on the legal consequences of the Israeli occupation of the West Bank and East Jerusalem, 19 July 2024. (EPA)

The UN's top court, in a sweeping opinion on Friday, said that Israel's decades-long occupation of Palestinian territory was "illegal" and needed to end as soon as possible.

The advisory opinion by The Hague-based International Court of Justice was immediately slammed as a "decision of lies" by Israel, but welcomed by the Palestinian presidency, which called it "historic".

The ICJ's statement, called an "advisory opinion", is not binding, but it comes amid mounting concern over the death toll and destruction in Israel's war against Hamas sparked by the group's brutal October 7 attacks.

It is also likely to increase diplomatic pressure on Israel, whose lawmakers on Thursday voted to oppose a Palestinian state, calling it an "existential threat".

In The Hague, ICJ presiding judge Nawaf Salam said: "The court has found... that Israel's continued presence in the Palestinian Territories is illegal."

Israel is "under the obligation to bring to an end its unlawful presence as rapidly as possible," the judge said in its finding, read at the Peace Palace, seat of the ICJ.

The ICJ added that Israel was "under an obligation to cease immediately all new settlement activities and to evacuate all settlers" from occupied land.

Israel's policies and practices, including the maintenance of a wall between the territories, "amount to annexation of large parts" of the occupied territory, the court said.

Israeli Prime Minister Benjamin Netanyahu slammed the ICJ's opinion as a "decision of lies".

"The Jewish people are not occupiers in their own land -- not in our eternal capital Jerusalem, nor in our ancestral heritage of Judea and Samaria" (the occupied West Bank), Netanyahu said in a statement.

Palestinian foreign minister Riyad Al-Maliki called it a "watershed moment".

A separate, high-profile case that South Africa has brought before the court alleges that Israel has committed genocidal acts during its Gaza offensive.

South Africa, in a statement, called upon the international community "to bring an immediate end to the occupation and the gross violations of international humanitarian and human rights law being perpetrated by Israel against the Palestinian people".

- 'Extreme danger' -

In late 2022, the UN's General Assembly asked the ICJ to give an "advisory opinion" on the "legal consequences arising from the policies and practices of Israel in the Occupied Palestinian Territory, including East Jerusalem".

The ICJ held a week-long session in February to hear submissions from countries following the request -- supported by most countries within the Assembly.

During the hearings, most speakers called on Israel to end its 57-year occupation. They warned a prolonged occupation posed an "extreme danger" to stability in the Middle East and beyond.

But the United States said Israel should not be legally obliged to withdraw without taking its "very real security needs" into account.

Israel did not take part in the oral hearings.

- 'Ongoing violation' -

The General Assembly asked the ICJ to consider two questions.

Firstly, the court should examine the legal consequences of what the UN called "the ongoing violation by Israel of the right of the Palestinian people to self-determination".

In its answer, the ICJ's judges said Israel's "unlawful policies and practices are in breach" of its "obligation to respect the rights of the Palestinian people and their right to self-determination".

In June 1967, Israel defeated some of its Arab neighbors in a six-day war, seizing the West Bank and East Jerusalem, at the time annexed by Jordan, the Golan Heights from Syria, and the Gaza Strip and Sinai Peninsula from Egypt.

Israel then began to settle the 70,000 square kilometers (27,000 square miles) of seized Arab territory.

The UN later declared the occupation of Palestinian territory illegal, and Cairo regained Sinai under its 1979 peace deal with Israel.

- 'Restrictions' -

The ICJ also was asked to look into the consequences of what it described as Israel's "adoption of related discriminatory legislation and measures".

In this finding, the ICJ said a "regime of comprehensive restrictions imposed by Israel on Palestinians consisted of systemic discrimination based on race, religion or ethnic origin."

The ICJ rules in disputes between states. Normally, its judgements are binding but it has few means to enforce them.

In this case, however, the opinion is non-binding, although most advisory opinions are in fact acted upon.

The ICJ has previously issued advisory opinions on the legality of Kosovo's 2008 declaration of independence from Serbia and apartheid South Africa's occupation of Namibia.

It also handed down an opinion in 2004 declaring that parts of the wall erected by Israel in the occupied Palestinian territory were illegal and should be torn down.

Israel has not complied with that ICJ ruling.



Grundberg Hopes ‘Gaza Truce’ Will Revive the Peace Process in Yemen

Hans Grundberg, Special Envoy of the Secretary-General for Yemen, briefs on Wednesday the Security Council on the situation in Yemen (UN)
Hans Grundberg, Special Envoy of the Secretary-General for Yemen, briefs on Wednesday the Security Council on the situation in Yemen (UN)
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Grundberg Hopes ‘Gaza Truce’ Will Revive the Peace Process in Yemen

Hans Grundberg, Special Envoy of the Secretary-General for Yemen, briefs on Wednesday the Security Council on the situation in Yemen (UN)
Hans Grundberg, Special Envoy of the Secretary-General for Yemen, briefs on Wednesday the Security Council on the situation in Yemen (UN)

Hans Grundberg, the UN Special Envoy for Yemen, warned on Wednesday from the alarming escalation in Yemen that would have devastating humanitarian consequences for the Yemeni people.

In a briefing to the Security Council on the situation in the Middle East, Grundberg said a ceasefire in Gaza signals hope that a return to the peace process could materialize between the Yemeni government and Houthis.

The envoy’s briefing came after his talks with Yemeni, regional and international stakeholders across the region, during visits to Muscat, Sanaa, Tehran, and Riyadh to intensify engagements for a peaceful resolution to the conflict.

Grundberg has lately kicked off efforts to secure the release of all arbitrarily detained personnel from the United Nations, national and international organizations, diplomatic missions, and the private sector.

In his briefing, the envoy expressed concern over reports of a new wave of arbitrary detentions, which further exacerbates the suffering of families and undermines trust.

Grundberg mentioned the Houthi attacks on the ships in the Red Sea and said they hindered the prospects of peace.

He added that a ceasefire in Gaza signals hope that an opportunity to de-escalate could materialize.

The envoy said the escalating cycle of strikes and counterstrikes has hindered the prospects of peace and destabilized Yemen's economy, adding that the relative stability and improved security conditions for civilians that have existed since the 2022 truce could be lost.

In contrast to Grundberg's hopes for a revival of the peace process, many Yemenis fear the Houthis would ignite a new war against the Yemeni government, exploiting the popular sympathy with Palestine that has enabled the group to recruit tens of thousands over the past year.

In this regard, Grundberg said, “I am concerned that parties may reassess their options for peace and make miscalculations based on flawed assumptions.”

Escalation and Detainees

In his briefing, the envoy mentioned the damage caused by the Houthi attacks and the Israeli and Western strikes in Yemen.

“Recent Israeli airstrikes have damaged critical civilian infrastructure, including the port of Hodeidah and Sanaa International Airport,” he said, adding that the damage to the port and tugboats impacts the ability to unload humanitarian aid.

Grundberg said during his meetings in Sanaa, he again urged Houthis to immediately and unconditionally release all arbitrarily detained personnel from the United Nations, national and international organizations, diplomatic missions, and the private sector.

He further called on the Houthis to release the Galaxy Leader vessel and its 25-member crew, which have been unlawfully detained for over a year now.
He urged all parties to urgently take concrete steps towards achieving a nationwide ceasefire agreement in Yemen.

Elsewhere, Grundberg spoke about his office’s engagement in extensive dialogues with Yemeni parties at the technical level on economic and military issues.

“In our discussions, we explored how collaboration between the parties could unlock critical peace dividends. These include the unification of the central bank, the resumption of fossil fuel exports, and the full payment of public sector salaries,” he said.

Yemeni, US Statements

During Grundberg’s briefing, the representative of the United States, Dorothy Shea, said, “The time has come to respond to the growing global threats by holding Iran to account for enabling the Houthis long-range missile attacks on international shipping and Israel.”

She said the Houthis have expanded their campaign of detaining innocent Yemenis, targeting more former embassy staff simply trying to do their jobs.

She stressed the need to deprive the Houthis of illicit revenues that sustain their attacks and recognize the growing relationship between the Houthis and other terrorist groups like al-Shabaab.

Meanwhile, Abdullah Ali Fadhel Al-Saadi, Permanent Representative of Yemen to the United Nations, addresses the Security Council meeting on the situation in his country.

“The humanitarian and economic situation in Yemen is intolerable,” he said, adding that the government is eager to engage with all efforts to reach a political settlement.

Al-Saadi also called on the Security Council to assume its responsibilities and implement its decisions that end the Houthi coup based on agreed international references.