The International Court of Justice (ICJ) delivered a significant advisory opinion on the legal consequences of Israel’s policies and practices in the Occupied Palestinian Territory, including East Jerusalem. This analysis breaks down the content of the advisory opinion in an accessible manner, emphasizing the key findings and implications.
Context and Jurisdiction
The advisory opinion was requested by the United Nations General Assembly (UNGA) through Resolution 77/247, which was officially communicated to the ICJ on January 17, 2023. The ICJ’s task was to address two primary questions:
- The legal consequences arising from Israel’s ongoing violation of the Palestinian people’s right to self-determination and its prolonged occupation, settlement, and annexation of Palestinian territory since 1967.
- The impact of Israel’s policies and practices on the legal status of the occupation and the resultant legal consequences for states and the UN.
The ICJ confirmed its jurisdiction to deliver the opinion, dismissing arguments against it, and affirmed that the questions posed were indeed legal in nature.
Legal Assessment and Findings
Prolonged Occupation
The ICJ found that Israel’s occupation, which has lasted over 57 years, remains temporary by nature but does not alter the legal status of the occupation under international law. The occupation must comply with international laws, including the prohibition of the acquisition of territory by force and the right of people to self-determination.
Settlement Policy
The ICJ condemned Israel’s settlement policy in the West Bank and East Jerusalem, highlighting that the transfer of Israeli civilians into these territories violates Article 49 of the Fourth Geneva Convention. The policy includes incentives for relocation, land confiscation, and the construction of infrastructure integrating settlements into Israeli territory. These actions are illegal under international law and contribute to the coercive environment forcing Palestinians to leave their homes.
Annexation and Discriminatory Legislation
The court assessed that Israel’s policies and practices amount to de facto annexation of large parts of the Occupied Palestinian Territory. These include the application of Israeli law to East Jerusalem and parts of the West Bank, construction of the separation wall, and exploitation of natural resources. The ICJ noted that such actions are designed to create irreversible changes on the ground, contravening the prohibition of acquiring territory by force.
Discriminatory Measures
The ICJ found that Israel’s legislation and measures, including restrictive residence permits, movement restrictions, and property demolitions, systematically discriminate against Palestinians. This violates several international human rights laws and conventions, including the International Covenant on Civil and Political Rights (ICCPR) and the International Convention on the Elimination of All Forms of Racial Discrimination (CERD).
Right to Self-Determination
The court reaffirmed that Israel’s prolonged occupation and related policies severely undermine the Palestinian people’s right to self-determination. These actions prevent the exercise of this right, exacerbating the situation over decades and threatening future prospects for Palestinian self-governance and sovereignty.
Legal Consequences and Obligations
The ICJ outlined several key legal obligations and consequences:
- Israel must cease its unlawful presence in the Occupied Palestinian Territory immediately. This includes halting new settlement activities and evacuating settlers.
- Israel is obligated to make reparations for damages caused to all affected persons in the Occupied Palestinian Territory.
- All states are under an obligation not to recognize the illegal situation arising from Israel’s continued occupation and must not aid or assist in maintaining this situation.
- International organizations, including the UN, must not recognize the illegal situation and should consider actions to end Israel’s unlawful presence.
The ICJ’s advisory opinion underscores the illegality of Israel’s prolonged occupation, settlement activities, and annexation of Palestinian territories. It calls for immediate cessation of these practices and highlights the duty of the international community to uphold international law and support the Palestinian people’s right to self-determination. This opinion serves as a crucial legal reference for addressing the ongoing conflict and advocating for the rights of the Palestinian people.