Top UN court says Israeli settlements in occupied Palestinian territory are illegal

(2nd UPDATE) The World Court's opinion finds that the UN Security Council, the General Assembly, and all states have an obligation not to recognize the occupation as legal and not to give aid or support toward maintaining it

THE HAGUE, Netherlands – The United Nations’ highest court said that Israeli settlements in occupied Palestinian territories are illegal and all states should cooperate to bring an end to the Israel-Palestinian conflict, in an important advisory opinion issued on Friday, July 19.

The findings by judges at the International Court of Justice (ICJ), known as the World Court, are not binding but carry weight under international law and may weaken support for Israel.

“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,” President Nawaf Salam said, reading the findings of a 15-judge panel.

The court said Israel’s obligations include paying restitution for harm and “the evacuation of all settlers from existing settlements.”

In a swift reaction, Israel’s foreign ministry rejected the opinion as “fundamentally wrong” and one-sided, and repeated its stance that a political settlement in the region can only be reached by negotiations.

“The Jewish nation cannot be an occupier in its own land,” Israeli Prime Minister Benjamin Netanyahu’s office said in a statement.

The opinion also angered West Bank settlers as well as politicians such as Finance Minister Bezalel Smotrich, whose nationalist religious party is close to the settler movement and who himself lives in a West Bank settlement.

“The answer to The Hague – Sovereignty now” he said in a post on the social media platform X, in an apparent appeal to formally annex the West Bank.

Israel Gantz, head of the Binyamin Regional Council, one of the largest settler councils, said the ICJ opinion was “contrary to the Bible, morality and international law.”

‘No complicity’

The ICJ opinion also found that the UN Security Council, the General Assembly and all states have an obligation not to recognize the occupation as legal nor “render aid or assistance” toward maintaining Israel’s presence in the occupied territories.

The United States is Israel’s biggest military ally and supporter.

The Palestinian Foreign Ministry called the opinion “historic” and urged states to adhere to it.

“No aid. No assistance. No complicity. No money, no arms, no trade… no actions of any kind to support Israel’s illegal occupation,” Palestinian Foreign Minister Riyad al-Maliki said outside the court in The Hague.

The case stems from a 2022 request from the UN General Assembly, predating the war in Gaza that began in October.

Israel captured the West Bank, Gaza Strip and East Jerusalem – areas of historic Palestine which the Palestinians want for a state – in a 1967 war and has since built settlements in the West Bank and steadily expanded them.

Israeli leaders have argued the territories are not occupied in legal terms because they are on disputed lands, but the United Nations and most of the international community regard them as Israeli-occupied territory.

In February, more than 50 states presented their views before the court, with Palestinian representatives asking the court to find that Israel must withdraw from all the occupied areas and dismantle illegal settlements.

Israel did not participate in the hearings but filed a written statement telling the court that issuing an advisory opinion would be “harmful” to attempts to resolve the Israeli-Palestinian conflict.

The majority of states participating asked the court to find the occupation illegal, while a handful, including Canada and Britain, argued it should refuse to give an advisory opinion.

The United States, Israel’s strongest backer, urged the court to limit any advisory opinion and not order the unconditional withdrawal of Israeli forces from the Palestinian territories.

In 2004 the ICJ gave an advisory ruling that an Israeli separation barrier around most of the West Bank was “contrary to international law” and Israeli settlements were established in breach of international law. Israel dismissed that ruling. – Rappler.com