ICJ: “Israel’s presence in the occupied Palestinian territory unlawful... the transfer by Israel of settlers to the West Bank and Jerusalem is illegal”

More than two years ago, the world community represented in the UN asked the UN court to provide an advisory opinion about the "Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem." In Febrautry of this year, 2024, more than 49 countries presented arguments before the Court. Today, the ICJ issued the Court's finding: “Israel’s presence in the occupied Palestinian territory unlawful.” and its continued presence was ”illegal” and should be ended as “rapidly as possible.” Furthermore, the court found that “the transfer by Israel of settlers to the West Bank and Jerusalem as well as Israel’s maintenance of their presence, is contrary to article 49 of the Fourth Geneva Convention.” The court also noted with “grave concern” that Israel’s settlement policy has been expanding.

The court noted that Israel has accelerated the establishment of new settlements in the West Bank, which amounted to more than 24,000 settlement units, stressing that it must stop all new settlement activities.

The court said it is not convinced that the expansion of the application of Israeli law in the West Bank and Jerusalem is justified, noting that Israel imposed its authority as an occupying power in a manner that contravenes Articles 53 and 64 of the Geneva Convention.

It stressed that the displacement of the residents of the occupied territories from their lands was forcible, which is in violation of Israel's obligations, and it also said that the seizure of Palestinian property by settlers is in violation of Israel's international obligations.

On 31 December 2022, the United Nations General Assembly adopted a resolution requesting the International Court of Justice to issue a non-binding “advisory opinion” on “the legal consequences of the policies and practices of Israel in the Occupied Palestinian Territory, including East Jerusalem,” relating to the long-term occupation of the Palestinian territories since 1967. In the June 1967 war, Israel seized control of the West Bank, East Jerusalem, the Syrian Golan Heights, the Gaza Strip and the Sinai Peninsula, and declared its occupation of these territories, which amount to 70,000 square kilometers. This occupation was later declared illegal by the United Nations.