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Historic ICJ Ruling on Israel’s Policies in Occupied Palestinian Territories
7-24-2024
In a landmark advisory opinion delivered on July 19, 2024, the International Court of Justice (ICJ) ruled on the legality of Israel’s policies and practices in the Occupied Palestinian Territories (OPT). The opinion addresses the consequences of Israel’s conduct for other states and the United Nations. Erika Guevara Rosas, Amnesty International’s Senior Director for Research, Advocacy, Policy, and Campaigns, responded to the ruling:
Statement from Erika Guevara Rosas: “The International Court of Justice has issued its opinion, and the conclusion is loud and clear: Israel’s occupation and annexation of the Palestinian territories are unlawful. Its discriminatory laws and policies against Palestinians violate the prohibition on racial segregation and apartheid. This is a historic vindication of the rights of Palestinians who have endured decades of cruelty and systematic human rights violations stemming from Israel’s unlawful occupation.”
Rosas emphasized the significant impact of the occupation: “The occupation is a key pillar of the system of apartheid that Israel uses to dominate and oppress Palestinians, causing suffering on a mass scale. Palestinians have witnessed their homes being demolished, their lands expropriated to build and expand settlements, and have faced suffocating restrictions disrupting every aspect of their daily lives. These include family separation, restrictions on freedom of movement, and denial of access to land, water, and natural resources.”
She also highlighted the context of the ICJ’s opinion: “The ICJ opinion comes at a time when Israel has been flagrantly flouting international humanitarian law on a cataclysmic scale for the past nine months, carrying out deadly and unlawful attacks during its onslaught in the occupied Gaza Strip that have claimed an unprecedented toll on civilians. It has also been escalating illegal land grabs in the occupied West Bank, and authorizing the construction of more settlement units in occupied and illegally annexed East Jerusalem. Israeli authorities have also consistently failed to comply with the provisional measures ordered by the ICJ to prevent genocide in Gaza. Israel must not be allowed to trample on international law any longer.”
Rosas called for international action: “The international community, and in particular Israel’s allies, must now take unequivocal action to ensure Israel ends its unlawful occupation. This includes the immediate halting of the expansion of Israeli settlements, reversing the annexation of Palestinian territory, including East Jerusalem, and dismantling its brutal system of apartheid against Palestinians. Ending the occupation is crucial to stop the recurrent pattern of human rights violations across Israel and the Occupied Palestinian Territories.”
She outlined the necessary steps for Israel: “Israel must withdraw its forces from all parts of the occupied territories, including the Gaza Strip, and remove all settlers from the West Bank, including from the illegally annexed East Jerusalem. Israel must also relinquish control over all aspects of Palestinians’ lives, as well as ceding control of borders, natural resources, airspace, and territorial waters of the occupied territory. This means lifting the illegal blockade of Gaza and allowing Palestinians to travel freely between Gaza and the West Bank.”
Background: The ICJ’s advisory opinion on the legal consequences arising from Israel’s policies and practices in the OPT followed an 18-month process, including public hearings with participation from over 50 states, including Palestine, and three international organizations. The opinion states that Israel’s occupation of Palestinian territories is a clear violation of international law.
In July 2004, the ICJ issued a first advisory opinion finding that the construction of the separation wall inside the OPT was contrary to international law and had to be halted. Amnesty International had also argued that the construction of the wall violates international law and contributes to serious human rights violations.
The international community’s failure to implement the recommendations of the 2004 ICJ advisory opinion has emboldened Israel’s defiance of international law and reinforced its impunity.
Statement from Tirana Hassan, Human Rights Watch Executive Director: "In a historic ruling, the International Court of Justice has found multiple and serious international law violations by Israel towards Palestinians in the Occupied Palestinian Territory, including, for the first time, finding Israel responsible for apartheid. The court has placed responsibility with all states and the United Nations to end these violations of international law. The ruling should be yet another wake-up call for the United States to end its egregious policy of defending Israel’s oppression of Palestinians and prompt a thorough reassessment in other countries as well."
This ruling by the ICJ marks a significant moment in the ongoing struggle for human rights and justice for the Palestinian people, calling for immediate and decisive action from the international community.
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