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)
TT

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.



Gazans Shed Tears of Joy, Disbelief at News of Ceasefire Deal

Palestinians react to news of a ceasefire agreement with Israel, in Deir al-Balah, central Gaza Strip, 15 January 2025. (EPA)
Palestinians react to news of a ceasefire agreement with Israel, in Deir al-Balah, central Gaza Strip, 15 January 2025. (EPA)
TT

Gazans Shed Tears of Joy, Disbelief at News of Ceasefire Deal

Palestinians react to news of a ceasefire agreement with Israel, in Deir al-Balah, central Gaza Strip, 15 January 2025. (EPA)
Palestinians react to news of a ceasefire agreement with Israel, in Deir al-Balah, central Gaza Strip, 15 January 2025. (EPA)

Palestinians burst into celebration across the Gaza Strip on Wednesday at news of a ceasefire between Israel and Hamas, with some shedding tears of joy and others whistling and clapping and chanting "God is greatest".

"I am happy, yes, I am crying, but those are tears of joy," said Ghada, a mother of five displaced from her home in Gaza City during the 15-month-old conflict.

"We are being reborn, with every hour of delay Israel conducted a new massacre, I hope it is all getting over now," she told Reuters via a chat app from a shelter in Deir al-Balah town in central Gaza.

Youths beat tambourines, blew horns and danced in the street in Khan Younis in the southern part of the enclave minutes after hearing news of the agreement struck in the Qatari capital Doha. The deal outlines a six-week initial ceasefire phase and includes the gradual withdrawal of Israeli forces from Gaza.

The accord also provides for the release of hostages held by Hamas in exchange for Palestinian detainees held by Israel, an official briefed on the negotiations told Reuters.

For some, delight was mingled with sorrow.

Ahmed Dahman, 25, said the first thing he would do when the deal goes into effect is to recover the body of his father, who was killed in an airstrike on the family's house last year, and "give him a proper burial."

'A DAY OF HAPPINESS AND SADNESS'

"I feel a mixture of happiness because lives are being saved and blood is being stopped," said Dahman, who like Ghada was displaced from Gaza City and lives in Deir al-Balah.

"But I am also worried about the post-war shock of what we will see in the streets, our destroyed homes, my father whose body is still under the rubble."

His mother, Bushra, said that while the ceasefire wouldn't bring her husband back, "at least it may save other lives."

"I will cry, like never before. This brutal war didn't give us time to cry," said the tearful mother, speaking to Reuters by a chat app.

Iman Al-Qouqa, who lives with her family in a nearby tent, was still in disbelief.

"This is a day of happiness, and sadness, a shock and joy, but certainly it is a day we all must cry and cry long because of what we all lost. We did not lose friends, relatives, and homes only, we lost our city, Israel sent us back in history because of its brutal war," she told Reuters.

"It is time the world comes back into Gaza, focuses on Gaza, and rebuilds it," said Qouqa.

Israeli troops invaded Gaza after Hamas-led gunmen broke through security barriers and burst into Israeli communities on Oct. 7, 2023, killing 1,200 soldiers and civilians and abducting more than 250 foreign and Israeli hostages. Israel's campaign in Gaza has killed more than 46,000 people, according to Gaza health ministry figures, and left the coastal enclave a wasteland, with many thousands living in makeshift shelters.