The United Nations’ top court has declared Israel’s occupation of the West Bank and East Jerusalem illegal, calling for an end to the decades-long control over territories claimed by Palestinians for a future state. This unprecedented advisory opinion, though non-binding, is the first time the International Court of Justice (ICJ) has ruled on the legality of Israel’s presence in these territories captured during the 1967 war.
While not legally enforceable, the opinion carries moral weight and can influence international law. The ruling criticized Israel for practices such as land confiscation, settlement construction, and depriving Palestinians of natural resources and self-determination. It called on Israel to halt new settlements, evacuate settlers, and make reparations for damages.
The court highlighted that Israel’s actions, including the annexation and assertion of control over occupied Palestinian territories, violate international law and undermine Palestinian self-determination. Judge Nawaf Salam, ICJ President, pointed out the adverse effects of land confiscation and resource deprivation on the local population’s livelihood.
The ICJ also condemned Israel’s declaration of Jerusalem as its capital, noting that it reinforces control over occupied territories and that Israeli settlements in the West Bank and East Jerusalem breach international law.
The ruling has sparked reactions from both sides. Israeli Prime Minister Benjamin Netanyahu and other leaders rejected the ICJ’s opinion, asserting Israel’s historical and legal rights to the land. Meanwhile, the Palestinian Authority hailed the decision as a significant moment for justice and international law, urging the global community to reject the legality of Israeli settlements and avoid supporting Israel’s occupation.
This decision originates from a 2022 request by the UN General Assembly for an advisory opinion on the consequences of Israel’s actions in the Palestinian territories. Although previous ICJ opinions have addressed related issues, such as the 2004 ruling on Israel’s separation barrier, this recent opinion goes further by calling for a rapid withdrawal from occupied territories.
The ICJ’s opinions, while non-binding, are regarded as authoritative interpretations of international law and can influence international bodies and domestic courts to take actions against practices related to the occupation.