ICJ: Israel obligated to end ‘unlawful’ presence in oPT as ‘rapidly as possible’
In a new advisory opinion, the International Court of Justice (ICJ) — also known as the World Court — ruled today that Israel's “continued presence in the Occupied Palestinian Territory is unlawful,” and that it is “under obligation” to:
“end its unlawful presence... as rapidly as possible”
“cease immediately all new settlement activities”
“evacuate all settlers” from the oPT
“make reparation for the damage caused...”
They further stated that “all states” are obligated “not to render aid or assistance in maintaining the situation created by” the Israeli occupation, nor to recognize it “as legal.”
The UN—“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” Israel's “unlawful presence,” they wrote.
More details can be found in the ICJ’s press release, as well as their 32-page summary of the advisory opinion—or you can just read the full text.
“The advisory opinion, while non-binding, [is] the first time the International Court of Justice (ICJ) has expressed its view on the legality of Israel’s presence in territories it captured in the 1967 war,” writes CNN.
“An advisory opinion is not legally binding but carries moral authority and can shape international law, according to the ICJ.”
"This is an historic decision, codifying what has long been known in the international legal community, but giving further support to the struggle for Palestinian liberation and providing another stepping stone in the path toward ending apartheid, colonialism and genocide in Palestine," said international human rights lawyer Craig Mokhiber a viral thread on X.
In a press statement, the Palestinian Ministry of Foreign Affairs and Expatriates called the advisory opinion "a watershed moment for Palestine and the international law-based order."
“The ICJ fulfilled its legal and moral duties with this historic ruling. Palestine will work with all law-abiding states and partners to uphold their clear obligations... No aid. No assistance. No complicity. No money, no arms, and no trade with the Israeli occupation."
Others are, understandably, less optimistic:
For his part, Israeli Prime Minister Netanayhu has already posted a defiant statement on X:
“The Jewish people are not occupiers in their own land, including in our eternal capital Jerusalem nor in Judea and Samaria, our historical homeland. No absurd opinion in the Hague can deny this historical truth or the legal right of Israelis to live in their own communities in our ancestoral home.”
Israel's Minister of Foreign Affairs, Israel Katz, called the ruling "fundamentally warped, one-sided, and wrong," and said that it "plays into the hands of the extremists."
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