ICJ Issues Advisory Opinion on Israeli Settlement in Occupied Palestinian Territories
Published by The Lawfare Institute
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On July 19, the International Court of Justice (ICJ) delivered its advisory opinion on the legal consequences of Israel’s policies and practices in the Occupied Palestinian Territories (OPT), which encompass the West Bank, East Jerusalem and the Gaza Strip. The opinion, which was requested by the United Nations General Assembly in 2022, addresses the legal implications of Israel’s “prolonged occupation,” “settlement policy,” and “annexation of certain parts of the Occupied Palestinian Territory.”
In its non-binding opinion issued by a 15-judge panel, the ICJ concludes that Israel’s prolonged occupation and its settlement policies in the region violate international law. The Court finds that Israel forcefully displaced Palestinian populations, in contravention of Article 49 of the Fourth Geneva Convention, and annexed large parts of the OPT.
The judges write that Israel’s policies in the OPT—including restrictions on movement, discriminatory residence permit policies, and the demolition of Palestinian properties—systematically discriminate against Palestinians and obstruct the Palestinian people’s right to self-determination. These policies breach Israel’s obligations under the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination.
The ICJ also says that the occupation should be ended “as rapidly as possible” and indicates that Israel should halt settlement construction and remove existing settlements. Additionally, the Court ruled that Israel is obligated to make full reparation for damages caused by its internationally wrongful acts.
Ultimately, the Court concludes:
[T]he sustained abuse by Israel of its position as an occupying Power, through annexation and an assertion of permanent control over the Occupied Palestinian Territory and continued frustration of the right of the Palestinian people to self-determination, violates fundamental principles of international law and renders Israel’s presence in the Occupied Palestinian Territory unlawful.
Read the ICJ’s advisory opinion here or below:
