The UN’s high court docket has mentioned Israel’s occupation of Palestinian territories is in opposition to worldwide legislation, in a landmark opinion.
The Worldwide Courtroom of Justice (ICJ) mentioned Israel ought to cease settlement exercise within the occupied West Financial institution and East Jerusalem and finish its “unlawful” occupation of these areas and the Gaza Strip as quickly as attainable.
In response, Israeli Prime Minister Benjamin Netanyahu mentioned the court docket had made a “choice of lies”.
The court docket’s advisory opinion is just not legally binding however nonetheless carries important political weight. It marks the primary time the ICJ has delivered a place on the legality of the 57-year occupation.
The ICJ, primarily based at The Hague within the Netherlands, has been analyzing the difficulty for the reason that starting of final yr, at the request of the UN General Assembly.
The court docket was particularly requested to provide its view on Israel’s insurance policies and practices in direction of the Palestinians, and on the authorized standing of the occupation.
Delivering the court’s findings, ICJ President Nawaf Salam mentioned it had discovered that “Israel’s… continued presence within the Occupied Palestinian Territory is illegitimate.”
“The State of Israel is beneath the duty to convey an finish to its illegal presence within the Occupied Palestinian Territory as quickly as attainable,” he mentioned.
He mentioned Israel’s withdrawal from the Gaza Strip in 2005 didn’t convey Israel’s occupation of that space to an finish as a result of it nonetheless workouts efficient management over it.
The court docket additionally mentioned Israel ought to evacuate all of its settlers from the West Financial institution and East Jerusalem and pay reparations to Palestinians for damages brought on by the occupation.
Israel has constructed about 160 settlements housing some 700,000 Jews within the West Financial institution and East Jerusalem since 1967. The court docket mentioned the settlements had been unlawful. Israel has constantly disputed that they’re in opposition to worldwide legislation.
The ICJ mentioned Israel’s “insurance policies and practices quantity to annexation of huge components of the Occupied Palestinian Territory”, which it mentioned was in opposition to worldwide legislation, including that Israel was “not entitled to sovereignty” over any a part of the occupied territories.
Israel claims sovereignty over the entire of Jerusalem, the japanese half of which it captured within the 1967 Center East battle. It considers town its indivisible capital – one thing which isn’t accepted by the overwhelming majority of the worldwide group.
Amongst its different far-reaching conclusions, the court docket mentioned Israeli restrictions on Palestinians within the occupied territories constituted “systemic discrimination primarily based on, inter alia, race, faith or ethnic origin”. It additionally mentioned Israel had illegally exploited the Palestinians’ pure sources and violated their proper to self-determination.
The court docket additionally suggested states to keep away from any actions, together with offering support or help, that might keep the present state of affairs.
Israel’s prime minister swiftly issued a blunt assertion rejecting what the court docket had decided.
“The Jewish individuals are not occupiers in their very own land – not in our everlasting capital Jerusalem, nor in our ancestral heritage of Judea and Samaria” (the West Financial institution), Mr Netanyahu mentioned in a press release.
“No choice of lies in The Hague will distort this historic reality, and equally, the legality of Israeli settlements in all components of our homeland can’t be disputed.”
However the court docket’s findings had been welcomed by the Palestinians.
Hussein Al Sheikh, the secretary common of the Palestine Liberation Organisation (PLO), the Palestinians’ principal umbrella group, referred to as it “a historic victory for the rights of the Palestinian folks and their proper to self-determination. And the collapse and defeat of the Judaization venture by confiscation, settlement, displacement, and racist practices in opposition to a folks beneath occupation.
“The worldwide group should respect the opinion of worldwide justice and drive Israel to finish its occupation of the Palestinian territories,” he mentioned.
The court docket’s findings will now go to the UN Common Meeting, which can determine the right way to reply, together with the choice of adopting a decision. That will be important and will represent a catalyst for negotiations and set the authorized parameters for a future negotiated settlement.
This case is separate from one other energetic case delivered to the ICJ by South Africa accusing Israel of committing genocide in opposition to the Palestinians within the battle in Gaza.