Experts hail ICJ declaration on illegality of Israel’s presence in the occupied Palestinian territory


The ICJ opinion is seens as 'historic' for Palestinians and international law

ICJ President Nawaf Salam (2nd R) delivers the ruling on the occupation of the West Bank and East Jerusalem on 19 July 2024

The UN Human Rights Office of the High Commisioner writes on 30 July 2024:

Israel and other UN Member States must immediately comply with the authoritative determination by the International Court of Justice (ICJ) on Israel’s presence in the occupied Palestinian territory, independent human rights experts* said today.

The landmark ruling of 19 July 2024 declared that Israel’s occupation of the Gaza strip and the West Bank, including East Jerusalem, is unlawful, along with the associated settlement regime, annexation and use of natural resources. The Court added that Israel’s legislation and measures violate the international prohibition on racial segregation and apartheid. The ICJ mandated Israel to end its occupation, dismantle its settlements, provide full reparations to Palestinian victims and facilitate the return of displaced people.

“The advisory opinion reaffirms peremptory norms prohibiting annexation, settlements, racial segregation and apartheid, and should be seen as declaratory in nature and binding on Israel and all States supporting the occupation,” the experts said.

The Court refuted the notion that Palestinian self-determination must be achieved solely through bilateral negotiations with Israel – a requirement that has subjected Palestinians to violence, dispossession and rights violations for 30 years.

“The Court has finally reaffirmed a principle that seemed unclear, even to the United Nations: Freedom from foreign military occupation, racial segregation and apartheid is absolutely non-negotiable,” the experts said.

They welcomed the Court’s recognition that converting occupation into annexation by demolishing homes, denying housing permits, and land grabs, violates the jus cogens norm prohibiting the use of force to annex occupied territory.

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