News Excerpt:

On July 19, 2024, the International Court of Justice (ICJ) declared that Israel's occupation of the West Bank and East Jerusalem contravenes international law and must end "as soon as possible."

More detail about news

• The ICJ emphasized the illegality of Israel's presence in Palestinian territories.
• Israel has occupied these regions since the Six-Day War in 1967, following Jordan's control.

Occupation under International Law

• Article 42 of the "Hague Convention (IV) respecting the Laws and Customs of War on Land and its annex" (1907) provides the most frequently accepted definition of occupation.
• An area is deemed occupied when it is actually placed under the authority of the hostile army.
• Crucially, an occupation can only be brief and cannot include giving the occupying state any kind of sovereignty.
• Once a region has been conquered, the occupying authority has some obligations to the people living there, as outlined in the 1907 Hague rules and the 1949 Fourth Geneva Convention, which set international legal standards for humanitarian treatment during wartime.
• Among these responsibilities are feeding and tending to the people living in a conquered territory. They also forbid the use of force or the threat of using it, as well as civilian population transfers inside the area.

ICJ's Opinion on Israel’s Occupation

• In December 2022, the UN General Assembly requested the ICJ's advisory opinion on the legal consequences of Israel’s actions in the Occupied Palestinian Territory, including East Jerusalem.
• This request preceded Israel's assault on Gaza following the Hamas attacks on October 7, 2023.

Key Findings of the ICJ

• Prolonged Occupation: The ICJ noted that while international law does not set a time limit for an occupation, its legality depends on the occupying power's actions and policies.
• Settlement Policy: The court found Israel’s settlement policy in the West Bank and East Jerusalem since 1967 to be illegal. Violations include:
• Forcing Palestinians to leave against their will, breaching Article 49 of the Fourth Geneva Convention.
• Confiscating land, violating Articles 46 (protection of private property), Articles 52 (general protection of civilian objects), and Articles 55 (protection of the natural environment) of the Hague regulations.
• Applying Israeli law in occupied territories, contrary to Article 43 of the Hague regulations.
• Failing to prevent violence by settlers and security forces against Palestinians, creating a coercive environment.
• Annexation of Palestinian Territories: The ICJ stated that Israel's policies aim for permanent control, which is prohibited by international law, affecting the legality of the occupation.
• Discriminatory Legislation and Measures: The court determined that various laws enforced by Israel in the occupied territories discriminate against Palestinians.
• This systemic discrimination, according to the court, is based on race, religion, or ethnic origin as outlined in the International Covenant on Economic, Social and Cultural Rights (1954).
• Self-Determination: The ICJ concluded that Israel’s occupation violates Palestinians' right to self-determination, undermining this right's future exercise.

Way Forward:

• The ICJ asserted that Israel must end its illegal occupation, halt new settlements, evacuate settlers, and make reparations to those affected.
• It also advised other states not to recognize the occupied territories as part of Israel and to avoid aiding Israel in maintaining the occupation.
• While the ICJ’s opinion is not legally binding, it carries significant moral and legal weight.