World Court declares Israel’s presence in Palestinian territories illegal

The International Court of Justice (ICJ) said Friday that Israel’s continued presence in the occupied Palestinian territory is illegal and that it should come to an end as soon as possible.

“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,” AP quoted the ICJ as stating in its ruling.

The panel of 15 judges from around the world also said Israel’s use of natural resources from Palestinian territory was “inconsistent” with its obligations under international law as an occupying power.

Nawaf Salam, president of the ICJ, said Israel’s occupying power should not deport or transfer part of its civilian population into the territory it occupies.

The panel ruled that Israel must end settlement construction immediately and that existing settlements must be removed, according to the 83-page opinion read out by Mr Salam.

“Israeli settlements in the West Bank and East Jerusalem, and the regime associated with them, have been established and are being maintained in violation of international law.”

The case stems from a 2022 request from the UN General Assembly.

The ICJ, also known as the World Court, is the highest UN body for hearing disputes between states. Although its rulings are difficult to implement, they add to the growing international pressure and isolation that Israel faces in the global community.

In a separate case brought by South Africa, the ICJ is considering allegations that Israel is committing genocide in its war on Gaza.

A preliminary ruling has already been made in that case, with the court ordering Israel to prevent and punish incitement to genocide and to increase provisions of humanitarian aid.

The ICJ had also ordered Israel to halt its offensive on Rafah, citing “immense risk” to hundreds of thousands of Palestinians taking shelter in Rafah, the southernmost part of Gaza. But Israel has continued attacks on Gaza, including Rafah, in defiance of the UN court.

Israel, which normally considers the United Nations and international tribunals as unfair and biased, did not send a legal team to the hearings. But it submitted written comments, saying that the questions put to the court are prejudiced and fail to address Israel’s security concerns, the ABC News reports.

Israeli officials also said the court’s intervention could undermine the peace process, which has remained stagnant for more than a decade.

In response to the ruling, Israeli Prime Minister Benjamin Netanyahu said the West Bank and East Jerusalem were part of the Jewish people’s historical “homeland.”

“The Jewish people are not conquerors in their own land – not in our eternal capital Jerusalem and not in the land of our ancestors in Judea and Samaria,” he said in a post on the social media platform X. “No false decision in The Hague will distort this historical truth and likewise the legality of Israeli settlement in all the territories of our homeland cannot be contested.”

Israel captured the West Bank, east Jerusalem and Gaza Strip in the 1967 Mideast war. The Palestinians seek all three areas for an independent state.

It is not the first time the ICJ has been asked to give its legal opinion on Israeli policies. Two decades ago, the court ruled that Israel’s West Bank separation barrier was “contrary to international law.”

Israel boycotted those proceedings, saying they were politically motivated, according to ABC News.

Israel said the barrier is a security measure. Palestinians say the structure amounts to a massive land grab because it frequently dips into the West Bank.

Israel has built well over 100 settlements, according to the anti-settlement monitoring group, Peace Now. ABC reports that the West Bank settler population has grown by more than 15 per cent in the past five years to more than 500,000 Israelis, according to a pro-settler group.