The International Court of Justice (ICJ) issued an advisory opinion on July 19, 2024, declaring that Israeli settlements in the occupied Palestinian territories, including the West Bank and East Jerusalem, are illegal under international law. The court called for Israel to cease all new settlement activities and to evacuate settlers from these areas.
The ICJ’s ruling was delivered by Judge Nawaf Salam, who emphasized that Israel’s settlement policies violate international law and undermine the Palestinian people’s right to self-determination. This opinion was requested by the United Nations General Assembly in January 2023, prior to the recent escalation of conflict in Gaza.
In response, Israeli Prime Minister Benjamin Netanyahu rejected the ICJ’s findings, asserting that the ruling is false and politically biased. He argued that the Jewish people have a historical right to live in their ancestral homeland, including Jerusalem and the West Bank. The Israeli Foreign Ministry criticized the opinion as a politically motivated attack that ignores the current security realities and historical context.
Supporters of the ICJ’s opinion, including Palestinian officials and human rights organizations, hailed it as a pivotal moment for international law and Palestinian rights. The Palestinian Authority’s foreign affairs ministry described the ruling as a “watershed moment” that obligates the international community to act against Israeli settlement practices.
The advisory opinion, while significant, is not legally binding. It reflects the court’s view on the legal status of Israeli settlements and their implications for international law, but enforcement would require additional actions from the international community.
International Court of Justice (ICJ) and Supporters of its Ruling
Perspective:
The ICJ’s advisory opinion asserts that Israeli settlements in the occupied Palestinian territories are illegal under international law. It calls for the cessation of settlement activities and the evacuation of settlers
Arguments:
Supporters view the opinion as a significant step towards upholding international law and supporting Palestinian self-determination. They argue that the international community must act to enforce these findings and end what they see as violations of Palestinian rights
Israeli Government and Supporters:
Perspective:
The Israeli government and its supporters strongly reject the ICJ’s opinion, arguing that it misrepresents historical and legal contexts and is politically motivated
Arguments:
Critics claim the opinion disregards Israel’s historical and legal claims to the land and the security context of the region. They argue that the opinion undermines Israel’s right to defend itself and could harm peace efforts by dismissing direct negotiations.
National Broadcasting Company:
Israeli settlements violate international law, U.N.’s top court says in a landmark opinion
Fox Broadcasting Company:
Netanyahu, Israel blast UN court decision over illegal settlements ruling: ‘Fundamentally wrong’