Wednesday, December 25, 2024

The International Court of Justice declares Israel's presence in Palestinian territories illegal

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The International Court of Justice (ICJ) said on Friday that Israel's continued presence in the occupied Palestinian territory is illegal and must end as soon as possible.

“Israel's transfer of settlers to the West Bank and Jerusalem, as well as its continued presence there, is contrary to Article 49 of the Fourth Geneva Convention,” the ICJ said in its ruling, as cited by AP.

The panel of 15 judges from around the world also said Israel's use of natural resources in the Palestinian territory was “inconsistent” with its obligations under international law as an occupying power.

ICJ President Nawaf Salam said Israel's occupying power should not deport or transfer any part of its civilian population to the territory it occupies.

The panel ruled that Israel must halt settlement construction immediately and that existing settlements must be removed, according to the 83-page opinion read by Mr. Salam.

“Israeli settlements in the West Bank and East Jerusalem, and the regime associated with them, have been established and are maintained in violation of international law.”

The case stems from a 2022 request from the UN General Assembly.

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The ICJ, also known as the International Court of Justice, is the United Nations' highest body responsible for hearing disputes between states. Although its rulings are difficult to enforce, they contribute to the growing international pressure and isolation Israel faces in the world community.

In a separate case brought by South Africa, the ICJ is considering allegations that Israel is committing genocide in its war on Gaza.

A preliminary ruling has already been issued in that case, in which the court orders Israel to prevent and punish incitement to genocide and to increase humanitarian aid.

The ICJ had also ordered Israel to halt its offensive in Rafah, citing the “immense risk” faced by hundreds of thousands of Palestinians taking refuge in Rafah, the southernmost part of Gaza. But Israel has continued its attacks on Gaza, including Rafah, in defiance of the UN court.

Israel, which typically views the United Nations and international courts as unfair and biased, did not send a legal team to the hearings but submitted written comments saying the questions put to the court were biased and did not address Israel's security concerns, ABC News reported.

Israeli officials also said the court's intervention could undermine the peace process, which has been stalled for more than a decade.

Responding to the ruling, Israeli Prime Minister Benjamin Netanyahu said the West Bank and East Jerusalem were part of the Jewish people's historic “homeland.”

“The Jewish people are not conquerors in their own land, nor in our eternal capital Jerusalem, nor in the land of our ancestors in Judea and Samaria,” he said in a post on the social media platform X. “No false decision in The Hague will distort this historical truth, and likewise, the legality of Israeli settlements in all the territories of our homeland cannot be questioned.”

Israel seized the West Bank, East Jerusalem and the Gaza Strip in the 1967 Middle East war. Palestinians claim all three areas for an independent state.

This is not the first time the ICJ has been asked to give its legal opinion on Israeli policies. Two decades ago, the court ruled that Israel’s separation barrier in the West Bank was “contrary to international law.”

Israel boycotted those proceedings, claiming they were politically motivated, according to ABC News.

Israel has said the barrier is a security measure. Palestinians say the structure amounts to a massive land grab because it frequently juts into the West Bank.

Israel has built more than 100 settlements, according to the anti-settlement watchdog group Peace Now. ABC reports that the West Bank settler population has grown by more than 15 percent in the past five years to more than 500,000 Israelis, according to a pro-settlement group.

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