Monday, December 23, 2024

ICJ rules Israel settlement policy in occupied Palestinian territories in breach of international law

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Israel’s settlement policy in occupied Palestinian territories is in breach of international law, the International Court of Justice (ICJ) has ruled.

The “transfer by Israel of settlers to the West Bank and Jerusalem as well as Israel’s maintenance of their presence” is “contrary to article 49 of the Fourth Geneva Convention”, a panel of 15 judges from around the world said.

The court said Israel must end the construction of settlements immediately – acts which render “Israel’s presence in the occupied Palestinian territory unlawful”.

Israel’s continued presence is “illegal” and should be ended as “rapidly as possible”, the ICJ added.

It also found Israel’s use of natural resources was “inconsistent” with its obligations under international law as an occupying power.

Israel did not send a legal team to the hearings. In written comments, however, it said questions put to the court were prejudiced and failed to address its security concerns.

Israel’s President Benjamin Netanyahu reacted to the ruling, saying on X: “The Jewish people are not occupiers in their own land, including in our eternal capital Jerusalem nor in Judea and Samaria, our historical homeland.

“No absurd opinion in the Hague can deny this historical truth or the legal right of Israelis to live in their own communities in our ancestoral home.”

The court’s president, Nawaf Salam, read the full opinion in an update expected to last about an hour.

The opinion is advisory and non-binding, but carries weight under international law.

The case predates the current Israel-Hamas war. In 2022, the UN General Assembly asked the court to look into the legal consequences of Israel’s “prolonged occupation, settlement and annexation” of Palestinian territories.

Image:
A Palestinian woman walks beside a wall separating east Jerusalem from the West Bank. Pic: Reuters

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Israel captured the West Bank, East Jerusalem and the Gaza Strip in the Six-Day War in 1967.

All three areas are sought by the Palestinians for an independent state.

Israel, however, considers the West Bank to be disputed territory, and wants its future to be negotiated.

It withdrew from Gaza in 2005 but has maintained control over the territory after Hamas took power in 2007.

Israel’s annexation of East Jerusalem is not internationally recognised.

Many in the international community consider all three areas to be occupied territory.

Two decades ago, the ICJ ruled Israel’s West Bank separation barrier was “contrary to international law”.

Israel boycotted those proceedings, saying they were politically motivated – and says the barrier is a security measure.

Palestinians say it amounts to a land grab because it frequently dips into the West Bank.

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