The International Commission of Jurists (ICJ) commends the findings by the International Court of Justice in its landmark Advisory Opinion on the legal consequences arising from the policies and practices of Israel in the Occupied Palestinian Territory.
The ICJ calls on Israel to take immediate steps to implement in full the Court’s Opinion and on all UN Member States and international organizations to give practical effect to this Opinion through their laws and policies. This includes desisting from rendering any form of aid or assistance to the State of Israel in maintaining its unlawful presence in Palestine.
“Today’s Opinion is a resounding victory for the universal application of the rule of law and a vindication of the Palestinians who have fought for decades to ensure respect of their right to self-determination,” said Saïd Benarbia, ICJ MENA director. “It’s also a resounding repudiation of the Israeli government and other governments that challenged the very existence of such occupation, or the obligation to immediately withdraw from all the Occupied Palestinian Territory.”
The Court found that the transfer by Israel of settlers to the West Bank and East Jerusalem, as well as Israel’s maintenance of their presence, violated Article 49 of the Fourth Geneva Convention; and that Israel had violated the prohibition of forcible transfer of the protected population.
Among the many other critical findings, the Court held that to seek to acquire sovereignty over an occupied territory, as Israel has done by adopting domestic laws, policies and practices in respect of East Jerusalem and the West Bank, is contrary to the prohibition of the use of force in international relations and its corollary principle of the non-acquisition of territory by force.
The Court also held that Israel’s legislation and measures impose and serve to maintain a near-complete separation in the West Bank and East Jerusalem between the settler and Palestinian communities, and as such they constitute a breach of Article 3 of the Convention on the Elimination of Racial Discrimination. Article 3 provides “States Parties particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction.”
The Court found that the violence by settlers against Palestinians, Israel’s failure to prevent or to punish it effectively and its excessive use of force against Palestinians contributed to the creation and maintenance of a coercive environment against Palestinians.
The Court also determined that Israel has an obligation to repeal all legislation and measures creating or maintaining the unlawful situation, including those that discriminate against the Palestinian people in the Occupied Palestinian Territory, as well as all measures aimed at modifying the demographic composition of any parts of the territory.
Based on these and other considerations, the Court found that 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; to cease immediately all new settlement activities; to evacuate all settlers from the Occupied Palestinian Territory; and make reparation, including restitution and compensation, for the damage caused to all the natural or legal persons concerned in the Occupied Palestinian Territory.
“The Court has put the international community as a whole, including States and international organizations, on notice,” added Benarbia. “They must no longer turn a blind eye to Israel’s unlawful acts.”
Contact:
Saïd Benarbia, Director, ICJ Middle East and North Africa Programme; t: +41 22 979 3817, e: said.benarbia(a)icj.org.