OUTRAGIOUS: ICJ: Israel Has No Right To Occupy Palestinian Territory, Denying Them Self-Determination

The ICJ delivered its ruling on the alleged ‘Israeli occupation of Palestinian territory on Friday. In the ruling, the court declared that ‘Israel’s withdrawal of its military does not completely end Israel’s obligations’.

The court declared that Israel continues to have obligations towards Palestinians under the Geneva Convention, which provides that a people should not be deprived of self-determination by any agreements, including those between governments.

Israel has ‘a duty to administer the occupied territory to the benefit of the local population.’ The court noted that ‘the occupation cannot transfer sovereignty’ and that ‘an occupation being prolonged does not itself change this definition.’

The court criticized what it called ‘Israel’s settlement policy’, saying that it was in violation of the Geneva Convention due to Israel’s providing incentives for Israelis to move to Judea and Samaria and recognizing towns in those areas as Israeli territory. “The prohibition of population transfer does not necessarily mean only forcible transfer,” the court noted. It also noted that Israel “requisitioned large amounts of land for the benefit of Israeli settlers to the detriment of the local Palestinian population.”

As part of the ruling, the court accused Israel of taking too many natural resources from Palestinians, including water. Another section of the ruling denounced Israel’s use of Israeli law in Judea and Samaria, noting that it used sovereign Israeli law instead of military law in eastern Jerusalem and over Israelis in Judea and Samaria, contrary to the Geneva Convention.

Yet another section accuses Israel of ‘imposing a series of measures intended to induce the local population to leave the area’, including deprivation of resources and restriction of travel. The court noted ‘restrictions on travel, house demolitions, and land confiscations’, which it claimed left Palestinians no choice but to leave.

The declarations against Israeli control of Judea and Samaria mark the first time the ICJ has formally issued a legal position regarding the area.

Addressing the allegations of ‘settler violence’ against Palestinians, the court claimed that Israel ‘displays a systematic failure to prevent or punish violence by civilians against Palestinians,’ and accused Israeli forces of excessive use of force against Palestinians.

The court declared Israeli expansion of Jerusalem ‘inhospitable to the Palestinian population’ and claimed that it constituted annexation of Palestinian territory into Israeli sovereignty and that it creates permanent Israeli control of the allegedly occupied parts of Jerusalem -a move that is also contrary to international law.

The court has determined that Israel’s policies have legal effects on the terrorities, including impeding the right of self determination of the Palestinians. The court considers that Israel has no right to occupation over the Palestinian terrorities.

Israel’s sovereignty over the West Bank, includes depriving the Palestinians the right for self determination and denying them the right to enjoy the natural areas in the territories.

The court turns to the legality of Israel’s occupation of the terroritories, which was taken by force, as an occupying power, through annexation and permanent control over the terroritories and the frustration that it has caused the Palestinians is unlawful.

The court observes that the Oslo Accords does not give Israel the right to annex these terrorities, even for security needs.

The court has found that Israel’s practises are in breach of international law, against Israel’s international responsibility. The court addresses the legal implications of Israel’s continued presence in the Palestinian territories, which denies the right of self determination of the Palestinian people.

Israel is also under an obligation to provide reparations to all damage it has caused, to return the land and other immovable property since its occupation in 1967.

It also requires the evacuation of all settlers in these territories and return of all Palestinians to return to their place of residence.

Israel has a right to enable the self determination of the Palestinian people and the obligation under humanitarian law and human rights law.

All states are required to cooperate with the UN to put these issues into force and they are required to not recognize any change in the status of the territories since June 1967.

In view of the importance of the rights and obligations as stated above, all states are required not to provide any assistance to Israel in regard to these territories and are required to demand Israel’s compliance with these requirements.

The General Assembly of the UN will responsible to consider further actions to be taken to deal with Israel’s illegal occupation of the territories.

The court also realizes the right of the Palestinians to self determination would contribute to peace in the region.

President Isaac Herzog responded Friday to the decision of the International Court of Justice (ICJ), which ruled that Israel has illegally occupied Judea and Samaria and annexed Jerusalem.

Herzog said in a statement that he “rejected outright the one-sided and ill-judged advisory opinion of the ICJ.”

“Their words undermine the entire notion of the process of negotiations between Israel and the Palestinians. It also blatantly ignores the Jewish people’s historic connection to the Land of Israel and our eternal capital, Jerusalem,” added Herzog.

The Foreign Ministry said earlier that Israel rejects the ruling, adding, “Unfortunately, the Court’s opinion is fundamentally wrong. It mixes politics and law. It injects the politics of the corridors of the UN in New York into the courtrooms of the ICJ in The Hague.”

“The opinion is completely detached from the reality of the Middle East: while Hamas, Iran and other terrorist elements are attacking Israel from seven fronts – including from Gaza and Judea & Samaria – with the aim of obliterating it, and in the aftermath of the greatest massacre of Jews since the Holocaust, the opinion ignores the atrocities that took place on October 7, as well as the security imperative of Israel to defend its territory and its citizens.”

“The opinion contradicts the guiding principle that formed the basis of all the peace agreements and arrangements that have been reached to date between Israel and its neighbors, according to which the resolution of the conflict will only be possible through direct negotiations between the parties. The opinion only distances the possibility of resolving the conflict. The Palestinian Authority, which initiated the move, is not interested in peace, but in slinging mud at Israel. Peace can only be achieved through direct negotiations between the parties, and the Palestinian Authority will not be able to evade this reality by turning to international tribunals,” said the Foreign Ministry.

“It should be emphasized that the opinion is blatantly one-sided. It ignores the past: the historical rights of the State of Israel and the Jewish people in the Land of Israel. It is detached from the present: from the reality on the ground and the agreements between the parties. And it is dangerous for the future: it distances the parties from the only possible solution, which is direct negotiations.

“Furthermore, it should be clarified that the opinion published today is an advisory opinion and it is not legally binding. The State of Israel adheres to the rule of law, and has an independent and respected legal system. It is committed to international law and it will continue to protect its citizens in accordance with international law,” the Foreign Ministry concluded.

Prime Minister Benjamin Netanyahu said in response to the ICJ ruling, “The Jewish people are not occupiers in their own land, including in our eternal capital Jerusalem nor in Judea and Samaria, our historical homeland. No absurd opinion in The Hague can deny this historical truth or the legal right of Israelis to live in their own communities in our ancestral home.”