International Court of Justice, in advisory opinion, holds Israeli settlements on West Bank violate international law
In a decision which over the long term may reshape policies in and relating to Israel and the Middle East, the International Court of Justice issued an Advisory Opinion on July 19, 2024 in which it reached broad conclusions.
In the words of the Court’s Press Release, the Court was responding to the two questions posed by the General Assembly in its 2022 request for an advisory opinion:
It is recalled that, on 30 December 2022, the General Assembly of the United Nations adopted resolution A/RES/77/247 in which, referring to Article 65 of the Statute of the Court, it requested the International Court of Justice to give an advisory opinion on the following questions:
“(a) What are the legal consequences arising from the ongoing violation by Israel of the right of the Palestinian people to self-determination, from its prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967, including measures aimed at altering the demographic composition, character and status of the Holy City of Jerusalem, and from its adoption of related discriminatory legislation and measures?
(b) How do the policies and practices of Israel referred to . . . above affect the legal status of the occupation, and what are the legal consequences that arise for all States and the United Nations from this status?”
In its Advisory Opinion, the Court responded to these questions as follows:
(1) the State of Israel’s continued presence in the Occupied Palestinian Territory is unlawful;
(2) the State of Israel is under an obligation to bring to an end its unlawful presence in the Occupied Palestinian Territory as rapidly as possible;
(3) the State of Israel is under an obligation to cease immediately all new settlement activities, and to evacuate all settlers from the Occupied Palestinian Territory;
(4) The State of Israel has the obligation to make reparation for the damage caused to all the natural or legal persons concerned in the Occupied Palestinian Territory;
(5) all States are under an obligation not to recognize as legal the situation arising from the unlawful presence of the State of Israel in the Occupied Palestinian Territory and not to render aid or assistance in maintaining the situation created by the continued presence of the State of Israel in the Occupied Palestinian Territory;
(6) international organizations, including the United Nations, are under an obligation not to recognize as legal the situation arising from the unlawful presence of the State of Israel in the Occupied Palestinian Territory; and
(7) the United Nations, and 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 the unlawful presence of the State of Israel in the Occupied Palestinian Territory.
(paragraph numbers added)
While the “Advisory Opinion” is not formally binding on Israel, its practical influence, especially over the longer term, is likely to be great. The EU has already endorsed the opinion.1
The ICJ’s Advisory Opinion may well contribute to a situation where the special panel considering the request by the Special Prosecutor of the International Criminal Court (ICC) for international arrest warrants against Israeli Prime Minister Benjamin Netanyahu and Israeli Defense Minister Yoav Gallant may now reach its decisions based purely on legal considerations.
For a video excerpt from the ICJ President’s reading of the decision, see,
Associated Press, “”World Court Says Israel’s Occupation Violates International Law; The International Court of Justice laid out it’s most sweeping stance on Israel’s occupation of the West Bank and East Jerusalem, and its settlements, calling for an end to Israel’s presence there. The advisory opinion, while not binding, carries legal weight,” New York Times, July 19, 2024 (video excerpt).
For a summary of the decision, see the Court’s Press Release, here:
International Court of Justice, Press Release (No. 2024/57, “Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem. The Court gives its Advisory Opinion and responds to the questions posed by the General Assembly,” July 19, 2024.
For the full text of the Courts’s decision, see
International Court of Justice, “Advisory Opinion: Legal Consequences Arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, Including East Jerusalem,” July 19, 2024.
See also the news reports in El País2and Die Welt.3
James Rowles is a former Lecturer on Law at Harvard Law School and professor of international law at other universities. He is the author of The Rape of American Democracy: Republican Actions and Democratic Failures, 2016-2021. What We Knew and When We Knew It (forthcoming in August, 2024).
See,
1) EU befürwortet IGH-Beschluss zu „unrechtmäßiger“ Besatzung;
Stand: 20.07.2024 | Lesedauer: 2 Minuten; Der Internationale Gerichtshof hat Israels anhaltende Präsenz in den palästinensischen Gebieten am Freitag als „unrechtmäßig“ eingestuft. Die EU bekräftigt nun diesen Beschluss. Der israelische Regierungschef Benjamin Netanjahu sprach hingegen von einer „Lügen-Entscheidung“, Die Welt, den 20. Juli 2024;
2) “EU endorses (ICJ) decision on “unlawful” occupation; The International Court of Justice classified Israel’s continued presence in the Palestinian territories as “unlawful” on Friday. The EU now reaffirms this decision. The Israeli head of government Benjamin Netanyahu, on the other hand, spoke of a ‘lie decision’,” Die Welt, July 20, 2024;
Isabel Ferrer y Luis de Vega, “El tribunal de la ONU considera que los asentamientos de Israel en Palestina ‘violan el derecho internacional’; ‘Es una anexión permanente’, argumenta el organismo internacional, que insta al Gobierno israelí a detener la colonización y también a reparar el daño causado por la ocupación,” El País, el 19 de julio 024 (Actualizado a las 12:43 EDT).
Isabel Ferrer and Luis de Vega, “The UN court considers that Israel’s settlements in Palestine “violate international law’; ‘It is a permanent annexation,’ argues the international organization, which urges the Israeli Government to stop colonization and also to repair the damage caused by the occupation,” July 19, 2024 (Updated 12:43 EDT).
“Israels Siedlungspolitik verstößt laut UN-Gericht gegen Völkerrecht; Die israelische Siedlungspolitik in besetzten palästinensischen Gebieten verstößt nach Auffassung des höchsten UN-Gerichts gegen internationales Recht. Israel mache sich faktisch der Annektierung schuldig, stellt der Internationale Gerichtshof (IGH) in Den Haag fest,” Die Welt, den 19. Juli 2024;
“According to the UN court, Israel’s settlement policy violates international law; In the opinion of the highest UN court, the Israeli settlement policy in occupied Palestinian territories violates international law. Israel is in fact guilty of annexation, the International Court of Justice (IGH) in The Hague finds,”, Die Welt, July 19, 2024.
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