On July 19, the International Court of Justice, the UN tribunal responsible for settling disputes between states, which has been much discussed in recent months in the context of the war in Gaza, issued its advisory opinion on the legal consequences of Israel’s policies and practices in the occupied Palestinian territory.
Issued in the middle of summer, in the wake of the turmoil of the American presidential campaign, this opinion did not make much noise in the media. Even more worrying, it did not make many waves in the world’s political elite. However, it is an extremely important, rigorous and well-documented judgment, written in clear and didactic terms, which declares Israel responsible for very many and very serious violations of international law, which it demands be stopped as soon as possible.
This new judicial development, as an advisory opinion (as opposed to a contentious case), is not binding on states, but nevertheless has strong moral and legal value. It was called for by the UN General Assembly in late 2022, thus before the historic Hamas attacks in Israel and the outbreak by Israel of the most recent war in Gaza, in October 2023.
The States requested the Court to rule on the legality of Israel’s occupation of Palestinian territory (the West Bank, East Jerusalem and Gaza) and associated practices and to clarify the legal implications for Israel and other States.
For each of Israel’s practices that the Court examined, it found that the country was in violation of its international obligations. Here are some of its most striking findings:
1. Practices within the framework of the occupation. Many of Israel’s practices in the Occupied Palestinian Territory violate the law of occupation, which is part of international humanitarian law (the law of war): the Israeli transfer of population to the Occupied Palestinian Territory, the confiscation of Palestinian land, their forced displacement and the exploitation of the territory’s natural resources for Israel’s benefit, the excessive extension of the application of Israeli law in the Occupied Palestinian Territory and the violence committed or condoned by Israel against Palestinians living in the territory.
2. Colonization. Israeli settlements in the occupied Palestinian territory were established and are maintained in violation of international law.
3. Annexation. The policies and practices implemented by Israel in the occupied Palestinian territory amount to annexation of parts of it, which is strictly and absolutely prohibited by international law.
4. Discrimination. Many of Israel’s practices in the Occupied Palestinian Territory violate the prohibition of discrimination against Palestinians: the imposition of residency permits on Palestinians living in East Jerusalem; restrictions on freedom of movement caused by the wall, checkpoints, the ban on Palestinians using many roads in the West Bank and the difficulty of moving between Palestinian territories; and the demolitions of Palestinian civilian buildings carried out as a punitive measure or for lack of building permits.
5. Apartheid. Israel violates the ban on racial segregation and apartheid against Palestinians.
6. Illegality of continued occupation. Given that Israel’s continued occupation of the Palestinian territory violates the prohibition of acquisition of territory by force and the right to self-determination of the Palestinian people, Israel’s presence in Palestine (according to the 1967 borders) is unlawful. Israel is therefore obliged to cease all further settlement activity, withdraw from the Palestinian territory, end the occupation as soon as possible and make full reparation for all damage caused during the prolonged occupation.
7. What about the other states? All States have an obligation to cooperate in ending violations of the right to self-determination of the Palestinian people, not to recognize any change to the territory of Israel as it existed in 1967, not to recognize as lawful the presence of Israel in the occupied Palestinian territories or any situation resulting therefrom, and not to render assistance in any situation created by that presence.
This advisory opinion does not address the war in Gaza. However, it would be dishonest not to make connections between the facts examined by the Court and that war, which, let us not forget, continues to starve and kill a civilian population that is enclaved and entirely subject to Israel.
Indeed, this war is clearly the culmination, in all continuity, of the policies and practices – now formally qualified as illegal – applied by Israel on the occupied Palestinian territory.
The interest in this historic judgment goes beyond that of a handful of internationalists, who are enjoying it. For the international community, for public opinion, it is crucial.
Certainties about Israel’s practices towards Palestine are piling up, and this clear advisory opinion adds to them. It is becoming increasingly unjustifiable for States to tolerate and support Israel’s policy towards Palestine, the Palestinians, which has been ongoing for decades. Such a practice is, in the eyes of the Court, explicitly illegal. Now that the doubt has been dispelled, what is still preventing us from moving?