The UN High Court ruled Friday in a non-binding judgment that Israel’s nearly 60-year occupation of the Palestinian territories violates international law and must be ended as soon as possible.
Israel’s presence in the occupied Palestinian territories is illegal, International Court of Justice (ICJ) President Nawaf Salam has said. Israeli Prime Minister Benjamin Netanyahu rejected the ruling, saying his country would not abide by it.
The ruling found that Israel is in fact guilty of annexation through its settlement policy.
Although the decision is not legally binding, it is expected to increase international political pressure on Israel. The ruling is also likely to fuel the pro-Palestinian protest movement worldwide.
The decision was taken by the UN’s 15 highest judges in The Hague, where the court is based.
A record 52 states filed arguments with the court.
UN Secretary-General António Guterres will submit the decision to the General Assembly, which has requested the court’s advice, he said in a statement.
“It is up to the General Assembly to decide how to proceed on this matter.”
Guterres reiterated his call for a humanitarian ceasefire and the unconditional release of all hostages in Gaza.
“The parties must once again embark on the long-awaited political path to end the occupation and resolve the conflict in accordance with international law, relevant UN resolutions and bilateral agreements,” he added.
Netanyahu calls The Hague’s decision a mistake
Netanyahu wrote on X: “The Jewish people are not occupiers in their own land. No wrong decision in The Hague will change the historical truth, nor can the legality of Israeli settlements in our homeland be disputed.”
The court described Israel’s occupation of Palestinian territories as an “annexation” of large areas. Israel also does nothing to prevent or punish violence by settlers against Palestinians, the court said, calling for an immediate halt to all new settlements.
The court also ruled that Israel abuses its power as an occupier, forcing Palestinians to leave the land they cultivate and denying them access to water, the court said.
Palestinians call opinion a triumph of justice
Palestinian President Mahmoud Abbas welcomed the advice, calling it “a triumph for justice, which confirms that the Israeli occupation is illegal.”
According to a statement from the presidential office in Ramallah, Abbas called on the international community to “compel Israel, the occupying power, to completely and immediately end its occupation and colonial project, without conditions or exceptions.”
In 2022, the UN General Assembly asked the International Court of Justice to determine the legal consequences of Israel’s occupation of the territories, long before the start of the war between Israel and Hamas that broke out last October.
Opinion strengthens pro-Palestinian protest movement
Not only will the international pro-Palestinian protest movement feel emboldened in their demands for sanctions or boycotts, but more Western countries may now recognize Palestine as a state. The opinion could also affect Western arms shipments to Israel.
The judges also clearly reminded UN member states of their responsibilities. They must not support occupation policies or accept the status quo created by Israel.
Pressure from Western allies had already increased over the ongoing attacks on the Gaza Strip.
The terrorist attack by the Palestinian Islamist movement Hamas in October, which killed hundreds, was the trigger for the war. However, tens of thousands of people have now died and the suffering of the population is immense.
The occupation dates back to the Six Day War of 1967
Israel took control of the West Bank, Gaza Strip and East Jerusalem during the Six-Day War in 1967. However, the Palestinians claim these areas as their own state.
The number of Israeli settlers in the West Bank, which lies between the Israeli heartland and Jordan, has now risen to around half a million. Including East Jerusalem, the number is as high as 700,000.
In 2005, Israel withdrew from Gaza, but it continues to control the borders by land, sea and air. The court states that Palestinians have the right to self-determination, but this right is denied by Israel.
The judges stressed that a solution to the conflict must come from the international community. They called on the UN General Assembly and the Security Council to intensify their efforts for a peaceful and lasting solution.
Judges have previously ruled against Israel
This is the second legal ruling by the court on Israel’s occupation policy. Twenty years ago, in July 2004, the judges had already declared that the wall built by Israel in the West Bank was in violation of international law and therefore had to be dismantled. Israel has not complied with this ruling.
The opinion presented Friday is separate from another case before the UN court. In 2023, South Africa sued Israel, accusing it of genocide over attacks on the Gaza Strip. Israel disputes the charges.
In two interim rulings, the court urged Israel to do everything possible to prevent genocide.
