International Court of Justice Finds Israeli Occupation Illegal and Underscores Responsibility to Restitute the Palestinians
On July 19, the International Court of Justice (ICJ) issued its 83-page "Advisory Opinion in respect of the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory." The Occupied Palestinian Territory includes the West Bank, East Jerusalem and the Gaza Strip. The UN General Assembly had, on December 30, 2022, adopted a resolution requesting that the ICJ give an advisory opinion pertaining to the following questions:
"(a) What are the legal consequences arising from the ongoing violation by Israel of the right of the Palestinian people to self-determination, from its prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967, including measures aimed at altering the demographic composition, character and status of the Holy City of Jerusalem, and from its adoption of related discriminatory legislation and measures?
"(b) How do the policies and practices of Israel referred to ... above affect the legal status of the occupation, and what are the legal consequences that arise for all States and the United Nations from this status?"
The ICJ's conclusions and the reasons for its conclusions give a clear picture of Zionist Israel as a rogue and illegitimate state that, with the support of the U.S., is not fulfilling any of its obligations as the occupying power.
In a July 19 press release, the ICJ summed up the conclusions of its legal opinion as follows, pointing out not only Israel's outright violations of international law, but also the obligations of all UN member states to hold Israel to account so as to end these violations:
"- the State of Israel's continued presence in the Occupied Palestinian Territory is unlawful;
"- the State of Israel is under an obligation to bring to an end its unlawful presence in the Occupied Palestinian Territory as rapidly as possible;
"- the State of Israel is under an obligation to cease immediately all new settlement activities, and to evacuate all settlers from the Occupied Palestinian Territory;
"- the State of Israel has the obligation to make reparation for the damage caused to all the natural or legal persons concerned in the Occupied Palestinian Territory;
"- all States are under an obligation not to recognize as legal the situation arising from the unlawful presence of the State of Israel in the Occupied Palestinian Territory and not to render aid or assistance in maintaining the situation created by the continued presence of the State of Israel in the Occupied Palestinian Territory;
"- international organizations, including the United Nations, are under an obligation not to recognize as legal the situation arising from the unlawful presence of the State of Israel in the Occupied Palestinian Territory; and
"- the United Nations, and especially the General Assembly, which requested the opinion, and the Security Council, should consider the precise modalities and further action required to bring to an end as rapidly as possible the unlawful presence of the State of Israel in the Occupied Palestinian Territory."
The ICJ also points out that an occupation, no matter its duration, is considered to be a temporary state of affairs, and that the key consideration is whether the occupying power continues to exercise effective control over a territory. If so, then the obligations of the occupying power remain in effect. "The nature and scope of these powers and duties are always premised on the same assumption: that occupation is a temporary situation to respond to military necessity, and it cannot transfer title of sovereignty to the occupying Power," states the ICJ. One of the most important obligations of the occupying power is that its actions "must at all times be consistent with the rules concerning the prohibition of the threat or use of force, including the prohibition of territorial acquisition resulting from the threat or use of force, as well as with the right to self-determination."
The ICJ's opinion refers to its July 2004 "Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory," in which it stated that the Israeli settlements in the West Bank and East Jerusalem are in violation of international law, as is the regime responsible for them which has continued to expand its illegal settlements since then.
Regarding the broad body of Israeli legislation that enforces its apartheid regime against the Palestinian people, the ICJ states that "this differentiation of treatment cannot be justified with reference to reasonable and objective criteria nor to a legitimate public aim" and violates the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the International Convention on the Elimination of All Forms of Racial Discrimination.
The ICJ continues on in this vein, concluding in its press release that it "considers that the violations by Israel of the prohibition of the acquisition of territory by force and of the Palestinian people's right to self-determination have a direct impact on the legality of the continued presence of Israel, as an occupying Power, in the Occupied Palestinian Territory. The sustained abuse by Israel of its position as an occupying Power, through annexation and an assertion of permanent control over the Occupied Palestinian Territory and continued frustration of the right of the Palestinian people to self-determination, violates fundamental principles of international law and renders Israel's presence in the Occupied Palestinian Territory unlawful. This illegality relates to the entirety of the Palestinian territory occupied by Israel in 1967. This is the territorial unit across which Israel has imposed policies and practices to fragment and frustrate the ability of the Palestinian people to exercise its right to self-determination, and over large swathes of which it has extended Israeli sovereignty in violation of international law. The entirety of the Occupied Palestinian Territory is also the territory in relation to which the Palestinian people should be able to exercise its right to self-determination, the integrity of which must be respected."
This assessment of Israel's conduct in the Occupied Palestinian Territories underscores the justness of the resistance of the Palestinian people to Israel's illegal occupation, including its current brutal war on Gaza. It also underscores that the steadfastness of the Palestinian Resistance and all those who stand with Palestine worldwide are the decisive factor to ensure that Israel's genocidal occupation is ended and that Palestine will be free.
To read the ruling in full, click here.
This article was published in
Volume 54
Number 44 - July 27, 2024
Article Link:
https://cpcml.ca/Tmlm2024/Articles/MS54443.HTM
Website: www.cpcml.ca Email: editor@cpcml.ca