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ICJ says Israel’s presence in Palestinian territory is unlawful

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DEVELOPING STORY,

International Court of Justice says Israel’s policies in the occupied Palestinian territory amounted to annexation.

The International Court of Justice (ICJ) has ruled that Israel’s continued presence in the occupied Palestinian territory is unlawful and that it should come to an end “as rapidly as possible”.

Nawaf Salam, president of the ICJ in The Hague, read out the nonbinding advisory opinion on Israel’s occupation of Palestinian territory on Friday.

He said that Israel was in breach of the sixth paragraph of Article 49 of the Fourth Geneva Convention, which says the occupying power should not deport or transfer part of its civilian population into the territory it occupies.

“Israeli settlements in the West Bank and East Jerusalem, and the regime associated with them, have been established and are being maintained in violation of international law,” Salam said, reading the findings of a 15-judge panel.

He added that Israel’s policies and practices in the Palestinian territory amounted to the annexation of large parts of these territories and that the court finds Israel systematically discriminates against Palestinians in the occupied territory.

Judge Nawaf Salam president of the International Court of Justice (ICJ)  [File: Yves Herman/Reuters]

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

The ICJ, also known as the World Court, is the highest UN body for hearing disputes between states.

Israel captured the West Bank, Gaza Strip and East Jerusalem – areas of historic Palestine which the Palestinians want for a state – in a 1967 war and has since built settlements in the West Bank and steadily expanded them.

The United Nations and the vast majority of the international community consider the Palestinian territory as Israeli-occupied.

Jeffrey Nice, a human rights barrister, told Al Jazeera that it will be hard for world leaders to completely “disregard” the ICJ ruling, even though it is non-binding.

“This is one part of the legal system saying enough is enough,” he said.

He said it would also be “difficult for the interested, informed, concerned public not to say ‘it’s time Israel put its house in order.’”

Al Jazeera’s senior political analyst, Marwan Bishara, said: “There is a lot of room for hope that this ruling will support a movement, an international movement, across the board, in the West and elsewhere in the world, in favour of more sanctions, more pressure on Western governments to put more pressure on Israel,” he said.

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 made in that case, with the court ordering Israel to prevent and punish incitement to genocide and to increase provisions of humanitarian aid.

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

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