International Court of Justice to Address Legality of Israel’s Occupation of Palestinian Territories

International Court of Justice to Rule on Legality of Israel’s Occupation

The International Court of Justice (ICJ) is poised to deliver a significant advisory opinion on Friday regarding the legality of Israel’s occupation of Palestinian territories. This marks a historic moment, as it will be the first time that the world’s foremost judicial body has explicitly addressed an issue that has long been a point of contention and debate at the United Nations.

While the ICJ’s advisory opinions do not carry binding legal force, they do possess considerable authority and moral weight on the international stage. The timing of this session is particularly critical, occurring amidst the ongoing conflict in Gaza, which has entered its ninth month. Additionally, the court is also considering a separate genocide case initiated by South Africa against Israel in December, concerning Israel’s actions during the war.

Earlier this year, the court mandated Israel to exercise restraint in its military operations in Gaza, and in May, it issued a directive for Israel to “immediately” cease its offensive activities specifically in the city of Rafah, located in southern Gaza.

In 2022, the U.N. General Assembly formally requested the ICJ to provide its opinion on the legal ramifications of Israel’s “prolonged occupation, settlement, and annexation” of Palestinian territories, which includes the West Bank and East Jerusalem, dating back to 1967. The court conducted hearings in February at the Peace Palace in The Hague, attracting significant international attention.

Notably, Israel chose not to participate in those hearings, instead submitting a document that dismissed the proceedings as biased. The Palestinian Authority’s foreign minister, Riyad al-Maliki, articulated the plight of Palestinians before the court, stating that they have endured decades of systemic discrimination, leaving them with a grim choice between “displacement, subjugation, or death.”

Throughout the hearings, representatives from over 50 countries presented their positions, an unusually high number for the ICJ. The majority supported the Palestinian representatives, while a few, including officials from the United States, Britain, and Hungary—traditional allies of Israel—expressed support for Israel’s stance.

A U.S. State Department official contended that Israel’s policies towards the Palestinians are shaped by its “very real security needs,” highlighting the complexity of the situation.

One of the key issues likely to be addressed in Friday’s opinion is Israel’s settlement policy in both the West Bank and East Jerusalem. This encompasses not only the government-sanctioned expansion of settlements for Israeli citizens on Palestinian land but also the state’s tacit approval of aggressive land acquisitions by settlers.

Over the years, every Israeli administration has permitted some level of construction in the occupied territories; however, the current Netanyahu government has intensified this initiative, announcing plans for thousands of new housing units. Since 1967, more than 400,000 Israelis have settled in the West Bank, further complicating the legal and humanitarian landscape of the region.